Margate City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the City of Margate City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 67.
Dogs — See Ch. 122.
Noise — See Ch. 192.
Obscenity — See Ch. 201.
Peace and good order — See Ch. 208.
Peddling and soliciting — See Ch. 212.
[Adopted 7-22-1976 as Ch. 57 of the 1976 Code[1]]
[1]
Editor's Note: Chapter 57 of the 1976 Code was originally derived from Ord. No. 892, adopted 1-24-1974, as amended.
Paid places of resort, beaches, bathing and recreational facilities are hereby established in the City of Margate City for the public health, recreation and entertainment. Such places shall be located at the oceanfront upon all lands in the City of Margate City fronting on the Atlantic Ocean.
[Amended 3-12-1981 by Ord. No. 1981-4; 3-27-1986 by Ord. No. 1986-3; 3-3-2005 by Ord. No. 2005-5]
In order to provide the necessary funds to improve, maintain and police the beaches, the following fees shall be charged for such facilities:
A. 
No fees shall be charged to or collected from any person under the age of 12 years.
B. 
Seven dollars per person per season, provided that application is made to the proper authorities on or before May 31 of the bathing season.
C. 
Fifteen dollars per person in the event that application is made to the proper authorities subsequent to the 31st day of May of the bathing season.
D. 
Ten dollars per person per week for any week or fractional part thereof of the bathing season. Weekly badges will be valid from 12:00 noon Friday until 12:00 noon of the following Friday.
E. 
Three dollars and fifty cents for senior citizens 65 years and older per season purchased on or before May 31 of the bathing season.
F. 
In the event that May 31 occurs on a Saturday in any year, the date to purchase season beach badges at a discounted rate shall be extended to June 1 of that year.
[Added 4-3-2008 by Ord. No. 14-2008]
G. 
Twelve dollars for the purchase of each holiday beach badge. These badges will be valid for the following summer season only.
[Added 9-20-2012 by Ord. No. 12-2012]
[Amended 4-3-2014 by Ord. No. 10-2014]
A. 
No person 12 years of age and over shall bathe at or otherwise use the beaches set forth in § 75-1 without having first acquired and then having in his or her possession a proper and effective badge, license or permit to use the beaches, which shall be worn conspicuously by such person during said use, so that it shall be visible at all times and shall be exhibited on demand to the Beach Inspector or other duly authorized representative of the City of Margate City.
B. 
Persons in active military service. Though such persons are required to display a badge, no fees shall be charged to or collected from persons in active military service in any of the Armed Forces of the United States or to their spouse or dependent children over the age of 12 years.
C. 
Persons who are active members of the New Jersey National Guard. Though such persons are required to display a badge, no fees shall be charged to or collected from persons who are active members of the New Jersey National Guard who have completed initial active duty training and to their spouse or dependent children over the age of 12 years. As used in this subsection, “initial active duty training” means basic military training, for members of the New Jersey Air National Guard, and basic combat training and advanced individual training, for members of the New Jersey Army National Guard.
D. 
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 (veterans). Though such veterans are required to display a badge, no fees shall be charged to or collected from such veterans. In order to obtain a badge with no fee, such veterans shall present to the Beach Tag Supervisor documentation, consistent with law and any rules and regulations promulgated by the Adjutant General of the New Jersey Department of Military and Veterans’ Affairs, sufficient to establish entitlement to a badge with no fee.
E. 
Records and verification. As required by law, the Beach Tag Supervisor shall maintain a list of all individuals to whom beach tags are issued pursuant to Subsections B, C and D above, including the names of all individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption. The Beach Tag Supervisor shall also establish procedures for verifying that individuals and, as applicable hereunder, their family members qualify for the beach fee exemption by presentation by those claiming the exemption of appropriate credentials demonstrating active duty or Veterans status.
F. 
The penalty for violation of this section shall be in the amount of $100.
[Added 4-17-2014 by Ord. No. 20-2014]
[Amended 1-25-1988 by Ord. No. 1988-1]
A. 
The beaches established in § 75-1 shall be kept open and operated during the usual bathing season, the dates of which shall be established annually by the Board of Commissioners, and the hours of operation shall be from 10:00 a.m. to 6:00 p.m., prevailing time, except during inclement weather.
B. 
The penalty for violation of this section shall be in the amount of $100.
[Added 4-17-2014 by Ord. No. 20-2014]
The Board of Commissioners is hereby authorized and empowered to:
A. 
Adopt by resolution, in addition to the rules and regulations herein enumerated, such other rules and regulations as may be necessary for the proper control and regulation of the beachfront and the waters adjacent thereto.
B. 
Designate by resolution the protected bathing beaches where boats and lifeguards are to be provided by the City and from which beaches persons may bathe and swim and to change or abolish the precise location of any one or more bathing beaches from time to time, as safety and attending circumstances shall require.
C. 
Determine and establish by resolution the period during each year when each of the paid bathing beaches shall be opened and closed.
D. 
Employ inspectors, lifeguards and such other employees as may be necessary to carry out and enforce the provisions of this article and all rules and regulations established herein or subsequently adopted by resolution.
E. 
Purchase badges, checks or other insignia and such other supplies, materials and equipment as may be necessary.
The following rules and regulations are hereby established, and it shall be unlawful to violate any of said rules and regulations or those subsequently adopted by resolution during the bathing season or at other times if specifically provided:
A. 
No person shall bathe or swim from the beachfront except from the designated bathing beaches where boats and lifeguards are provided nor bathe or swim beyond a safe depth in the ocean as from time to time indicated or regulated by the lifeguards. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
B. 
No person shall use a surfboard, boat, sailboat or raft of any kind or description except at locations designated by the lifeguards. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
C. 
No person shall engage in surf fishing in the bathing areas during bathing hours. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
D. 
All orders, directions, whistles or other signals used by the lifeguards and police shall immediately be obeyed. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
E. 
No person shall use said beaches for picnicking. The word "picnicking," as used herein, means the carrying of or otherwise transporting any box, basket, bag or tub or other receptacle in which there is contained food or beverage, or both, and the consumption of such food or beverages, or both. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
F. 
No person shall consume alcoholic beverages on the public beaches. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
G. 
No person shall change clothes, dress, undress or otherwise disrobe, except outer wraps. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
H. 
No person shall sleep on the public beaches during any time between sunset and sunrise. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
I. 
No person shall act in a loud, indecent, obscene or offensive manner. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
J. 
No person shall revel, disport or behave in a noisy and boisterous manner, emitting loud cries and other noises, so as to inconvenience others or otherwise disrupt and disturb the public peace and dignity within the beach areas defined. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
K. 
No person shall climb upon, stand on or tamper with or handle the lifeguard boats or other equipment used by the lifeguards. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
L. 
No person shall throw, bat or catch a baseball, football, basketball or softball or engage in the playing of any games endangering the health or safety of others. This subsection shall not apply to the playing with a soft, inflated beach ball. This subsection shall also not apply to the playing of volleyball, provided that the courts are set up at the direction and with the approval of the Directors of the Beach. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 6-25-1981 by Ord. No. 1981-10; 7-12-1990 by Ord. No. 1990-13; 4-17-2014 by Ord. No. 20-2014]
M. 
No person shall throw, place, deposit or leave any bottles, glass, crockery, sharp or pointed articles or things, paper, refuse or debris of any kind on the beaches. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
N. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection N, prohibiting hawking or peddling on public beaches or boardwalks, was repealed 7-13-2006 by Ord. No. 2006-21. A penalty for violation of this subsection in the amount of $100 was added 4-17-2014 by Ord. No. 20-2014.
O. 
No person shall park vehicles, loiter, assemble, band or crowd together so as to interfere with or be likely to interfere with the ingress and egress of others at the street ends approaching the beaches. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
P. 
No person shall drive or move any vehicle on the beach at any time during the entire year without a permit in writing issued by the Chief of Police. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
Q. 
No dogs or other animals shall be permitted on the beachfront or the waters adjacent thereto or upon any public walk contained on the beachfront. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
R. 
The flying of a kite or kites of any size, shape or description, or the attempt to do so, or the propelling or causing the movement of any object through the air, whether manually, mechanically or electrically, is prohibited during the hours that the beach is made available for bathing. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
S. 
The starting or maintenance of a fire or fires on the beach at any time during the entire year is prohibited. The penalty for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
The City of Margate City reserves the right to revoke any beach privileges granted under this article for any violations of its provisions or other rules and regulations and to retake and impound any beach identification badge or permit which has been improperly used or obtained. Such revocation shall not preclude the imposition of any other penalties provided for such violation.
[Amended 1-25-1988 by Ord. No. 1988-1]
Any person violating any of the provisions of this article or any of the rules and regulations adopted hereunder shall, upon conviction thereof, be subject to a fine of not more than $1,000 or to imprisonment for not more than 90 days, or to both such fine and imprisonment.
As used in this article, the following terms shall have the meanings indicated:
CITY
The City of Margate, Atlantic County, New Jersey.
PERMITTED PRODUCTS
Shall be strictly limited to water, packaged ice cream, ice cream, water ice and yogurt products, including Popsicles, fudgsicles, icicles, ice cream cones, Dixie cups and related containers, ice cream sandwiches and related products. Except for water containers, no plastic, metal, or glass containers shall be sold or supplied.
REGULATIONS
Rules and regulations contained in this article and promulgated by resolution by the Commissioners of the City of Margate relating to beach vending. A schedule of products and maximum prices to be charged may be included in such rules and regulations.
SUMMER SEASON
The period from May 15 to October 15, inclusive.
[Amended 4-7-2005 by Ord. No. 2005-7]
MARGATE BEACHES
Beaches fronting the Atlantic Ocean between Fredericksburg and Coolidge Avenues in the City of Margate.
PERSON
Shall exclusively mean individuals and excludes partnerships, corporations, business entities, LLC, LLP and other types of limited-liability companies or partnerships.
LICENSE
Beach vending license issued by the City of Margate pursuant to an adopted resolution establishing the number of licenses, method, terms and conditions of issuance.
[Amended 4-7-2005 by Ord. No. 2005-7]
No person shall vend on any Margate beach without a valid beach vending license.
A licensee shall be 18 years of age or older on the date of application, shall submit a completed official form provided by the City and must pass the required background investigation. The official form shall include the applicant's name, permanent home address, name and address of employer, if any, a photograph of the applicant taken within six months immediately prior to the date of the application, two business references located in the County of Atlantic or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as to properly evaluate such character and responsibility, a statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance and the nature of the offense and the punishment or penalty assessed therefor, and the fingerprints of the applicant. The application may contain any other and further information as may be required by the Chief of Police of the City. A licensee must submit an indemnification and hold harmless agreement in favor of the City of Margate. The applicant shall pay a processing and fingerprinting fee, no less than $25 or more than $100 as set by the Chief of Police.
A. 
Licensees shall submit a complete background application to the Chief of Police of the City of Margate, New Jersey.
B. 
Beach vending licenses may be revoked or suspended for any of the following reasons:
(1) 
Disorderly conduct or conduct which is offensive, imposing or intimidating;
(2) 
Conduct demonstrating a state of moral turpitude;
(3) 
Making materially false statements in the application for the license;
(4) 
Violation of the beach vending regulations;
(5) 
Sales of products at a disapproved location;
(6) 
Sales of unapproved products;
(7) 
Sales in excess of maximum permitted prices;
(8) 
Disposing of debris or boxes in an unapproved manner;
(9) 
Using helpers and others to vend on the beach;
(10) 
Failure to display the vending license at all times, or failure to wear clean, tidy, predominantly white clothing, without commercial advertisement of any kind except for promoting products being offered for sale;
(11) 
Using loud bells, whistles, horns or other disturbing means of promoting sales. Verbal calling of available products shall be permitted;
(12) 
Transferring, lending or permitting others to use the license;
(13) 
Violating any provisions of this article or any rules and regulations promulgated hereunder.
C. 
If requested, the licensee shall be afforded a hearing before a hearing officer appointed by the Mayor. A license may be temporarily suspended prior to a hearing for good cause.
Licensees must be at least 18 years old as of the date of application for the license.
The City is under no obligation to adopt a resolution providing for the awarding and issuance of vending licenses. Licenses are not renewable, and shall automatically expire at the end of the summer.
No property right in a license accrues to a licensee.
Beach vending regulations, including setting and amending from time to time the maximum prices to be charged for products, may be adopted by resolution of the Board of Commissioners of the City of Margate.
A beach vending license may not be sold, assigned, loaned, pledged, leased, rented, subleased or in any other way alienated or otherwise transferred unless prior permission is granted by resolution of the Board of Commissioners of the City of Margate. The license shall not be subject to levy and execution or for the collection of any debt or obligation of the licensee.
Licensees must at all times be in strict conformance with the Zoning Ordinance,[1] and without limitation of the generality of the foregoing, includes receiving, storing, delivering, and distributing water, ice cream, ice cream equipment, ice cream products and related materials, supplies, and equipment.
[1]
Editor's Note: See Ch. 170, Land Use, Art. V.
Licensees shall comply with all federal, state and local laws pertaining to beach vending, including registration with the Atlantic County Department of Health. Licensees shall continually comply with all health rules and regulations. Licensees shall submit a physician's report certifying that no communicable or infectious disease is present which would render vending unsafe to the public. Licensees shall allow inspection by state, county and local officials of their products and equipment at any time for purposes of ensuring compliance.
The licensee shall indemnify and save the City of Margate free and harmless from and against any and all losses, suits, costs, damages, claim expense actions, liabilities or judgments whatsoever (including attorney's fees) because of accident or injury sustained or alleged to have been sustained by any party or parties, person or persons, property or properties occurring in conjunction with the operations under the license or by reason of the use of defective items/services furnished or delivered under the beach vending license by or on account of any act of omission or commission of any licensee, her, his, its, or their agents or employees. The indemnification shall include any and all claims for royalties, patent infringements or suits for information thereon which may be involved in the manufacture, use, or sale of the items/services to be furnished. In the case of any action being brought against the City, the licensee shall immediately take charge of and defend same at her, his, its, or their own cost and expense. The City may, if it so desires, defend such action and charge the expense thereof to the licensee. The licensee is required to carry liability insurance in the minimum amount of $1,000,000 covering and insuring the City as aforesaid. The licensee shall deliver to the City of Margate a certificate of insurance, with a thirty-day cancellation clause. An original or certified true copy of the insurance policy shall be delivered to the City Clerk.
Any person violating the terms of this article or any of the rules and regulations adopted hereunder, whether as principal, agent or employee of another, shall, in addition to suspension and/or revocation of the vending license, upon conviction thereof, be subject to a fine not exceeding $500, or to imprisonment not exceeding 90 days, or to both.