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ORDINANCE 2017-15 Updating Municipal Beach Regulations

ADOPTED: June 20, 2017

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER XXI OF THE BOROUGH CODE ENTITLED “BEACHES”
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WHEREAS, the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey (the “Borough”) has beaches throughout the Borough; and

WHEREAS, the Borough owns a beach located in the southern part of the Borough known as the “Maryland Avenue Beach;” and

WHEREAS, the Borough desires to address the concerns expressed by the Borough’s residents concerning tents, coolers, and cooking and the like on the beach and with hours of operation; and

WHEREAS, other beach owners in the Borough and in other shore towns have addressed the concerns of residents with updated beach regulations concerning and cooking and the like on the beach and with hours of operation; and


NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey, as follows:

SECTION I.

Chapter 21 of the Borough Code is deleted and replaced with the following:


21 – 0 Times of Operation
21-0.1 Operating Season.
Unless determined otherwise by a resolution of the Borough Council, the general operating season shall commence on May 1 and continue through October 15. During the operating season all persons using the oceanfront and the ocean waters adjacent thereto during operating hours shall obtain and display an appropriate beach badge.

21-0.2 Operating Hours
. A. Daily operating hours at the oceanfront during the operating season shall be as follows, except during inclement weather:

(1.) Saturday, Sunday and Holidays: 9:00 a.m. to 6:00 p.m.
(2.) Monday to Friday: 9:00 a.m. to 6:00 p.m.

B. Oceanfront bathing is permitted only when lifeguards are on duty regardless of operating hours. No person shall enter the bay or ocean when lifeguards are not on duty.

21-0.3 Closing Time.
All persons are restricted from remaining on the beaches after 6:00 p.m. except with special permission of the owner.
21-1 Municipal Beach.

21-1.1 Established.
A municipal beach is hereby established for the public health, recreation, bathing and entertainment.
21-1.2 Municipal Beach Delineated.
The area lying to the east of the street ends known as Maryland Avenue and Delaware Avenue and being commonly designated as the "Plaza" area and having an approximate depth of 110 feet by an ocean frontage of 450 feet.

21-1.3 Safeguards, Equipment and Facilities.
The municipality shall arrange for the acquisition, use, and maintenance of such safeguards, equipment and facilities as the Borough shall deem necessary for the proper establishment and maintenance of said place or resort for public health, recreation, bathing, and entertainment.
21-1.4 Lifeguards.
The borough shall arrange for lifeguards as the Borough shall deem necessary for the proper maintenance of said municipal beach. The hours of lifeguards shall be as set by Resolution of the Governing Body.

21-1.5 Policing.
The police in the municipality shall police said beach.

21-1.6 Fee for Use.
In order to provide funds to improve, maintain and police the municipal beach and to protect the same from erosion, encroachment, damage by the sea, or otherwise, and to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, reasonable fees shall be charged the person using said lands and bathing facilities for access to the beaches and bathing and recreational facilities from May 1 to October 15. These fees shall be set by Resolution of the Governing Body.


21-1.7 Reserved.*

21-1.8 Prohibited Acts.
`No person shall do any of the following things at or upon the municipal beach:
a. Throw, drop, discard, dump, or leave any wastepaper, garbage, or other refuse, or in any way litter, make unsightly, damage, destroy or disfigure said beach, dune, water, or any public or private property.
b. Sell, peddle or hawk any food, drink or confections.
c. Make any loud noise, sound or music to the annoyance of any other person, or use loud, profane or indecent language.
d. Play ball, or ride or operate a surfboard, or engage in any other activity which will endanger another person or interfere with the enjoyment of the quiet use of the beach.
e. Take any intoxicating liquor upon the beach, or any glass con¬tainers or bottles.
f. Take or permit his or her dog to be or go upon the beach or in the water at any public bathing beach; except that any dog under the control of a leash may utilize the municipal beach, and the approaches for access only, between October 1st and April 30th, between the hours of 8:00 a.m. and 3:00 p.m. of each year.
g. Go into the water, or remain in the water:
1. When it is unsafe to do so;
2. When directed by a public lifeguard to come out of the water;
3. When Intoxicated;
4. Farther than directed by a public lifeguard; or
5. In violation of a reasonable order of a public lifeguard when the safety of the bather is or may be endangered by going into the wa¬ter.
h. Molest or disturb any person in the peaceful enjoyment of said beach, or bathing facilities.
i. Refuse or neglect to obey the orders and directions of a public lifeguard as to time, place and distance for bathing, or interfere with or obstruct a police officer or lifeguard in the performance of his or her duty.
j. Operate a privately owned beach buggy or other motor vehicle on the beach at any time.
k. Pursuant to N.J.S.A. 40:48-1 and N.J.S.A. 40:48-2, smoke or burn a lighted cigar, cigarette or pipe, including any handheld electronic device which vaporizes a liquid (e.g., e-cigarettes, e-cigs, electronic nicotine delivery systems, electronic non-nicotine delivery systems, personal vaporizers, PVs), or any other matter or substance which contains tobacco on any property owned by the Federal, State, County or local government east of the entrance to the Beach;
l. Bring any of the following onto the Beach:
1. Coolers larger than 24 inches in width, or length, or height and/or has a capacity greater than thirty-six (36) quarts.
2. Serving trays, warming trays, pots, pans, devices, equipment or utensils utilized for the preparation or storage of food.
3. Canopy style sun shades bigger than 10’ x 10’ and any size canopy style sun shade with side walls including tents and tent clusters.
4. Devices designed or used to shade infants and small children, also known as “baby tents,” larger than 36 inches high by 36 inches wide by 36 inches deep,

5. Umbrellas with a collapsible circular shade greater than eight feet diameter or radiating from a center pole greater than 7 feet 6 inches in height, or with grounding lines, ropes, or sides.

6. Umbrellas, baby tents and canopies anchoring lines, tethers, or the like that extend beyond the perimeter of the umbrella, the baby tent or canopy.

7. Tables or stands or boards or other devices positioned to function as a table.
m. Cook on the Beach
n. Bring a drone onto or operate a drone on the Beach.

SECTION II.


All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION III.


In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.


SECTION IV.

This Ordinance shall take effect immediately upon its final passage and publication as required by law.


Approved this ___ day of ________, 2017:


________________________________
Borough of Point Pleasant Beach
Stephen D. Reid, Mayor




NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 30th day of May, 2017 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 20th day of June, 2017 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at which time and place any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published May31, 2017 | New Ordinances | 2578


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