Borough of Beach Haven, NJ Article III Beach Buggies

[Adopted 8-9-1971 as Ch. 37, Art. III, of the 1971 Code]

§ 55-12 Licensing and operation of beach buggies or jeeps.

The following rules and regulations shall be observed with respect to the licensing and operation of motor vehicles on the strand or ocean beach of this Borough:

A. Every person desiring to operate a motor vehicle on the strand or ocean beach of this Borough must first register the same with the Chief of Police. The Chief of Police shall have the authority, in order to protect public health, safety and welfare, to close beaches in the Borough to all but official motor vehicle access. In addition, the Chief of Police shall have the ability to cease issuance of beach buggy permits, at any time, for the same reason. When the Chief of Police shall close the beaches or cease issuing of beach buggy permits, he shall file a written statement with the Borough Clerk setting forth the reason and purpose of his actions. The Mayor and Council retain the power to override and reverse any actions of the Chief of Police for good cause.

[Amended 4-8-2013 by Ord. No. 2013-3C]

B. The person registering any such vehicle shall be issued a special plate or other identifying insignia, serially numbered for identification purposes, to be displayed in a conspicuous place on the vehicle while being operated on the strand or beach. Such registration shall be issued only to vehicles having four-wheel drive, of the type known as "beach buggy" or "jeep," which vehicle shall be registered and licensed to be operated on the highways of the United States and so equipped as to be capable of passing the motor vehicle inspection requirements of the State of New Jersey. No permit shall be issued to all-terrain vehicles (ATV's) or to any vehicle which is designed or equipped for sleeping or living purposes, commonly referred to as "campers," "camp trailers," "camper buses" or "trucks with camper bodies."

[Amended 6-9-2003 by Ord. No. 2003-8; 2-9-2004 by Ord. No. 2004-2]

C. In addition to the registration herein provided for, each such operator is required to obtain a permit to operate a vehicle on the strand or ocean beach. Application for such permit shall be made to the Chief of Police, who may require from the applicant complete information as to his ability and competence to operate a motor vehicle in such an area in a safe and prudent manner so as not to endanger the lives and safety of others using the beach. Such information shall include the applicant's age, driving record and experience.

D. The operator's permit is required to be in the physical possession of the operator at all times while the vehicle is being operated on the beach.

E. The applicant shall pay a registration fee of $25 for the permit at the time of filing an application, and such permit shall expire on December 31 in the year in which it is issued. The said charge is made for the purpose of defraying the cost of providing for, improving, preserving, maintaining, policing and regulating the beachfront, the enforcement of this article and the protection and safety of all persons using the beachfront.

[Amended 4-26-1976 by Ord. No. 76-3; 6-9-2003 by Ord. No. 2003-8; 11-24-2020 by Ord. No. 2020-25C]

(1) 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.

(2) No fees shall be charged to or collected from any persons who have served in any branch 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.

F. No vehicle (except municipal, state or federal vehicles) shall be operated on the strand or beachfront during the period from May 15 to September 15, inclusive.

[Amended 7-8-2002 by Ord. No. 2002-8]

G. No vehicle shall be operated on the strand or beachfront at a speed in excess of 15 miles per hour.

H. No such vehicle shall be operated on the sand dunes, and all such vehicles shall obtain access to the beachfront from the public streets only at places specifically designated by the Police Department.

I. All such vehicles shall be required to maintain a reasonable distance from congested bathing beaches or other areas where bathers, surf fishermen or others using the beach are present.

J. No rubbish, debris or litter of any sort shall be discarded from any vehicle while being operated on the beachfront.

K. In addition to all of the other rules and regulations hereinabove contained in this § 55-12, all persons operating motor vehicles on the beach of the Borough of Beach Haven shall do so only in conformity with the provisions of N.J.S.A. 39:3-3 through 39:3-83,[1] inclusive; N.J.S.A. 39:6A-1 et seq. and N.J.S.A. 39:6B-1 et seq.; N.J.S.A. 39:4-49.1; N.J.S.A. 39:4-50 through 39:4-50.6,[2] inclusive; N.J.S.A. 39:4-52; and N.J.S.A. 39:4-96 and 39:4-97, all of which statutes and the regulations provided thereby shall be deemed in addition to and not by way of limitation of the other mandates herein contained for the operation of motor vehicles on the beaches of the Borough of Beach Haven.

[Amended 5-26-1981 by Ord. No. 81-6[3]]

[1] Editor's Note: N.J.S.A. 39:3-83 was repealed by L. 1950, c. 142, p. 283, § 4.

[2] Editor's Note: N.J.S.A. 39:4-50.6 was repealed by L. 1977, c. 29, § 8.

[3] Editor's Note: This ordinance also repealed former Subsection L, regarding rules for the safe operation of vehicles on the beach, which immediately followed this subsection, and former § 37-14, Violations and penalties, which immediately followed former Subsection L. For current penalty provisions, see § 1-16, General penalty provisions, of this Code.

L. No vehicle shall be operated on the beachfront at night without adequate lights.

[Added 6-9-2003 by Ord. No. 2003-8]

M. Beach Haven Emergency Management members and active or exempt bona fide members of the Beach Haven Volunteer Fire Company No. 1 and the Beach Haven First Aid Squad shall be exempt from the beach buggy permit fees.

[Added 6-9-2003 by Ord. No. 2003-8]