Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches, Boardwalk and oceanfront — See Ch. 92.
Boats — See Ch. 99.
Surfing — See Ch. 227.
[Adopted 6-7-1995 by Ord. No. 41-1995]

§ 228-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
KAYAK
A standard ocean kayak powered by the muscular strength of its occupant utilizing a paddle to propel it through the water.
KAYAKING
Propelling a kayak along the ocean surface through the use of a paddle by the occupant of the kayak.
SHORE
Land at the edge of the ocean.
SURF
The area of the ocean adjoining the shoreline in the public park of the City of Atlantic City.

§ 228-2 Ocean kayaking restricted.

No person shall engage in the sport of ocean kayaking within the City of Atlantic City or in the surf and ocean adjoining the public park, except as provided in this article.

§ 228-3 Kayaking permitted in designated areas only; days; control of ocean kayaks.

A. 
Between Memorial Day and the last Sunday in September:
(1) 
Entering the ocean adjacent to the public park and returning to shore in a kayak shall be permitted only on the shore at Delancey Place.
[Amended 10-11-2000 by Ord. No. 63-2000]
(2) 
Only an ocean kayak shall be permitted to be used in the ocean adjacent to the public park.
B. 
All persons operating or utilizing a kayak shall maintain it under control so as not to cause injury to others.

§ 228-4 Designated areas to be posted; warnings to bathers.

The above-mentioned areas set forth in § 228-3 of this article shall be designated and posted with signs near the high-water line, setting forth that kayaking is permitted and that surf-bathing is dangerous and done at the risk of the bather. Lifeguards shall also announce at regular intervals with loudspeakers that the use of the beach in the areas set forth in § 228-3 is primarily for kayaking and that bathers are using the surf at their own risk.

§ 228-5 Kayaking prohibited in certain areas.

Kayaking shall be prohibited in all other areas of the oceanfront adjacent to the public park between Memorial Day and the last Sunday in September.

§ 228-6 Violations and penalties.

[Amended 11-25-2008 by Ord. No. 104]
Any person violating any of the provisions of this article shall, upon conviction thereof before the Municipal Court Judge of the City of Atlantic City, be sentenced to pay a fine not exceeding $2,000 or be imprisoned for not more than 90 days in the county jail, or both, in the discretion of said Municipal Court Judge.

§ 228-7 Regulation and enforcement.

A. 
The Chief of lifeguards or designated officers may limit or prohibit kayaking at times they determine that prevailing weather or other conditions may tend to make kayaking unsafe to persons operating a kayak or other bathers.
B. 
The Chief of lifeguards may regulate types and designs of kayaks allowed to be used for kayaking and may prohibit the use of equipment which he or she deems unsafe.
[Adopted 5-26-1999 by Ord. No. 21-1999]

§ 228-8 Permitted activities.

There shall be permitted in the surf and ocean adjacent to the beach at Providence Avenue the following activities:
A. 
Ocean kayaking.
B. 
Use of beach buggys water bugs.
C. 
Use of wave walkers.
D. 
Rubber sail rafts.
E. 
Such other water sporting activities as approved by the Chief of lifeguards.

§ 228-9 Activities restricted.

No person shall engage in the water sporting activities set forth in § 228-8 except as provided in this article.

§ 228-10 Activities permitted in designated area only; control of equipment.

A. 
Entering and exiting the ocean for the water sport activities set forth in § 228-8 shall only be permitted at the shore at Providence Avenue.
B. 
All persons operating or utilizing the water sports equipment set forth in § 228-8 shall maintain it under control so as not to cause injury to others.

§ 228-11 Activities prohibited in certain areas.

The water sporting activities set forth in § 228-8 shall be prohibited in all other areas of the shore and oceanfront except as specifically authorized herein.

§ 228-12 Violations and penalties.

[Amended 11-25-2008 by Ord. No. 104]
Any person violating any of the provisions of this article shall, upon conviction thereof before the Municipal Court Judge of the City of Atlantic City, be sentenced to pay a fine not exceeding $2,000 or be imprisoned for not more than 90 days in the county jail, or both, in the discretion of said Municipal Court Judge.

§ 228-13 Regulation and enforcement.

A. 
The Chief of lifeguards or designated officers may limit or prohibit the water sporting activities set forth in § 228-8 at times they determine that prevailing weather or other conditions may tend to make kayaking unsafe to persons operating a kayak or other bathers.
B. 
The Chief of lifeguards or designated officers may regulate types and designs of water sports equipment which he or she deems unsafe.