[Amended 3-7-2006 by Ord. No. 1251]
In order to provide the necessary funds and
to improve, maintain and police the beaches, various fees shall be
charged for such facilities and collected by the Beach Tag Sales Supervisor.
The Borough Council shall have the right to change these fees from
time to time by resolution of the Borough Council.
[Amended 10-18-2011 by Ord. No. 1392]
A. Persons
12 or older. No person of the age of 12 years or older shall bathe
at or otherwise use the paid beaches without having first acquired
and then having in his or her possession a proper and effective badge
permitting him or her to use said beaches.
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 Supervisor documentation,
consistent with law and the 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.
[Added 3-4-2014 by Ord. No. 1438]
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 veteran status.
[Amended 3-4-2014 by Ord. No. 1438]
The paid beaches shall be kept open during the
usual bathing season, which shall be established on an annual basis
by resolution of Borough Council. The beaches shall be opened during
the hours from 10:00 a.m. to 5:00 p.m. prevailing time, except during
inclement weather.
The Mayor and Council are 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 Borough and from
which beaches persons may bathe and swim, and to change or abolish
the precise location of any one or more of such protected bathing
beaches from time to time, as safety and attending circumstances shall
require.
C. Employ inspectors, lifeguards, and such other employees
as may be necessary to carry out and enforce the provisions of this
section and all rules and regulations established herein or subsequently
adopted by resolution.
D. Purchase badges, checks or other insignia and such
other supplies, materials and equipment as may be necessary.
E. Designate by resolution of the Borough Council from
time to time, upon written application therefor, that the requirements
of having a beach badge be lifted on certain beaches for the duration
of certain functions found by Borough Council to be in the best interests
of the Borough of Stone Harbor. Examples of such functions would be
the conduct of a hobie cat race, a sailing race, a surfing tournament,
a surf fishing tournament, or some other similar event. It is the
intention of Borough Council that such events be kept to a reasonable
number so as not to unduly interfere with the public's use of our
beaches.
The Borough 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 3-7-2006 by Ord. No. 1251; 6-20-2023 by Ord. No. 1642; 7-18-2023 by Ord. No. 1648]
Anyone violating any provision of this article shall, upon conviction thereof, be subject to a minimum fine of $30 and the maximum penalties set forth in Chapter
1, Article
III, Penalty, of the Borough of Stone Harbor Code. A violation of this section, in combination with conduct by the offender that either causes terror and/or alarm to others, incites violence, hinders or obstructs any Borough employee in performance of its duties, is unreasonably loud and/or boisterous, offends the sensibilities of the public given the time and place of the conduct, and/or otherwise has a deleterious impact on public order, shall constitute a breach of the peace.