Borough of Beach Haven, NJ Article III Fences on Beaches

[Adopted 8-9-1971 as Ch. 39 of the 1971 Code]

§ 57-9 Fences prohibited on public beaches.

A. It shall be unlawful for any person, firm or corporation to erect, cause to be erected or maintain on any public beach in the Borough of Beach Haven any fence, wall or other structure which interferes with the unobstructed use of such beach by the public.

B. Each day that a violation of this article exists shall constitute a separate violation.[1]

[1] Editor's Note: Former § 39-3, Violations and penalties, which immediately followed this subsection, was repealed 5-26-1981 by Ord. No. 81-6. For current penalty provisions, see Art. IV, Violations and Penalties.

§ 57-10 Permit required for fence on private beach.

A. It shall be unlawful for any person, firm or corporation to erect, to cause to be erected or to maintain on any privately owned beach in the Borough of Beach Haven, east of the dune line as established by the Borough's engineers, any fence, wall, post, piling, stake or structure of any sort which will in any way interfere with or impede any public official, public employee or contractor employed by any public body in the performance of work on any such beach to repair or prevent storm damage, without first obtaining a permit therefor from the Council of the Borough of Beach Haven.

[Amended 9-13-2010 by Ord. No. 2010-20]

B. Public hearing prior to issuance of permit; notice. The permit referred to in Subsection A hereof may be issued only after public hearing at a regular meeting of said governing body held at least seven days after publication of notice of such hearing in the Beach Haven Times.

C. Expense of notice of hearing. The notice required by Subsection B of this section shall be published at the expense of the applicant and shall specifically state the location and the erection which the applicant desires.

D. Surveyor's stakes permitted. This article shall not be construed to prevent surveyors from placing survey stakes to survey property boundaries, provided that such stakes are of no greater dimensions than two inches by two inches and not more than two feet high.[1]

[1] Editor's Note: Former § 39-8, Violations and penalties, which immediately followed this subsection, was repealed 5-26-1981 by Ord. No. 81-6. For current penalty provisions, see Art. IV, Violations and Penalties..