The following rules and regulations for the government and use
of the lands and waterfront oceanward of the Boardwalk, within the
limits of the City of Atlantic City, be and the same are hereby adopted:
A. Athletic sports. It shall be unlawful, during the months of June,
July, August and September, to engage in athletic sports along the
beachfront aforesaid, other than swimming and bathing.
B. Bathing. No bather shall be permitted to enter the ocean with sledding
boards, diving boards or other devices of like nature; nor shall said
bathers enter the water with automobile tires or other artificial
so-called "life preservers."
C. Launching boat restricted. No one, other than lifeguards in the employ
of the City, shall, between the hours of 7:30 a.m. and 7:30 p.m.,
launch any boat or boats from the beachfront for pleasure purposes;
nor shall it be lawful for canoes or boats to navigate waters within
150 feet from below the waterline of said beachfront.
D. Fires. It shall be unlawful for any person or persons to build, light
or maintain a bonfire or other fire along said beachfront.
E. The consumption of food and nonalcoholic beverages is permitted on the beach. The failure to properly dispose of waste material, packaging and/or food shall be a violation of §
173-3 of the Code of the City of Atlantic City.
[Added 3-29-1995 by Ord. No. 20-1995]
F. Notwithstanding §
92-1D, barbecues on the beach shall be permitted only at City-designated locations, to include Albany Avenue, New Hampshire Avenue and Maine Avenue. Such barbecues shall only be permitted when weather conditions allow. The Chief of the Beach Patrol, in the exercise of his or her police power, has absolute discretion to determine when weather conditions warrant prohibition of barbecues. Other than designated locations, in City-installed barbecue facilities, it shall be unlawful for any person or persons to build, light or maintain a fire for cooking purposes along said beachfront.
[Added 3-29-1995 by Ord. No. 20-1995]
G. Smoking,
burning, vaporizing or littering of tobacco products and certain substances.
[Added 5-24-2023 by Ord. No. 32-2023]
(1) Smoking,
burning and/or vaporizing certain substances prohibited on public
beaches and boardwalk. No person shall smoke and/or burn any cigarettes,
cigars, pipes, or other tobacco products, including use of handheld
electronic smoking devices which vaporize or aerosolize a liquid (e.g.,
e-cigarettes, e-cigs, electronic nicotine delivery systems, electronic
non-nicotine delivery systems, personal vaporizers, PVs, etc.), or
any cannabis item or substance (including use of electronic devices
which vaporize or aerosolize cannabis) at any time while on any portion
of the public breaches or public boardwalk, including any of the arcades,
public walks, ramps and public sidewalks adjacent thereto within the
City.
(2) Discarding
of cigarette butts and tobacco or cannabis products. No person shall
throw or discard any cigarette butts, cigar butts, and/or any other
tobacco or cannabis products or paraphernalia relating thereto any
time on any portion of the public beaches or public boardwalk areas.
(3) Penalties.
The penalty for violation of this subsection, upon conviction, shall
be $250 for the first offense, $500 for the second offense, and $1,000
for each subsequent offense.
[Amended 2-1-1989 by Ord. No. 2-1989; 11-25-2008 by Ord. No.
104-2008]
Any person or persons who shall violate any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
not exceeding $2,000 or be imprisoned for a period not exceeding 90
days, or both, for each offense.