[Adopted 6-15-1961 by Ord. No. 22-1961]
[Amended 5-24-2000 by Ord. No. 32-2000]
Except as allowed by special permit issued by the Mayor, it
shall be unlawful for any person to enter, walk, be, loiter, lounge
or sleep upon the beaches of the City of Atlantic City between the
inland side of said beaches and the waterline of the same between
the hours of 10:00 p.m. and 6:00 a.m. of any twenty-four-hour day.[1]
[1]
Editor's Note: Ordinance No. 31-2016, adopted 7-13-2016, provided
for a fine of $139 for violation of this section.
It shall be unlawful to swim or bathe in the ocean waters adjacent
to and bounding the beaches of the City of Atlantic City between the
hours of 10:00 p.m. and 6:00 a.m., prevailing time, in any twenty-four-hour
day.
A.
Except for
City personnel, City contractors or medical or law enforcement personnel
responding to an emergency, it shall be unlawful for any person to
enter, walk, be, loiter, lounge or sleep upon the area under the Boardwalk
of the City of Atlantic City at any time.[2]
[2]
Editor's Note: Ordinance No. 31-2016, adopted 7-13-2016, provided
for a fine of $139 for violation of this subsection.
B.
POTENTIALLY FORFEITED PERSONAL PROPERTY
(1)
(2)
Definitions.
As used in this article, the following terms shall have the meanings
indicated:
Items either left unattended or which by their nature pose
a risk of damage to or interference with utility equipment under the
Boardwalk, including but not limited to: any device that utilizes
electric or other utility outlets, including, without limitation,
cellular telephones, radios, televisions, and electric devices, and
any property or equipment that may be utilized as an incendiary device,
including, without limitation, lighters, matches, and other flammable
substances such as wax.
Except for City personnel, City contractors or medical or law
enforcement personnel responding to an emergency, it shall be unlawful
for any person to enter, walk, be, loiter, lounge or sleep upon the
area under the Boardwalk of the City of Atlantic City at any time.
It shall be unlawful and pose an immediate threat to the public
health, safety, and welfare of the residents of the City of Atlantic
City for any person to possess potentially forfeited personal property
under the Boardwalk within the City. Such possession shall be deemed
contraband, subjected to forfeiture in accordance with N.J.S.A. 2C:64-1
et seq., and shall be disposed of in accordance with the provisions
of N.J.S.A. 2C:64-6 or, at the discretion of the entity funding the
prosecuting agency involved, may be destroyed.
[1]
Editor's Note: Former § 92-5, Attire on Boardwalk
restricted, was repealed 6-5-1991 by Ord. No. 33-1991.
[Added 7-27-2022 by Ord. No. 36-2022; amended 6-21-2023 by Ord. No. 42-2023]
No sleeping shall be permitted on the Boardwalk, in the adjacent
Boardwalk pavilions, and under the Boardwalk and pavilions.
[1]
Editor's Note: Former § 92-6, Boardwalk busker times
and locations designated, was repealed 5-6-2009 by Ord. No. 24-2009.
[Added 6-25-1964 by Ord. No. 9-1964; amended 6-5-1991 by Ord. No.
33-1991; 5-24-2000 by Ord. No. 32-2000]
Except as allowed by permit/license issued in accordance with
New Jersey law and special events permit issued by the Mayor or lease
authorized by Council, which lease shall provide for insurance and
indemnification, no alcoholic beverages are permitted on the beach
at any time.
[Added 6-25-1964 by Ord. No. 9-1964; amended 7-31-1980 by Ord. No.
67-1980; 6-5-1991 by Ord. No. 33-1991]
A.
No person between June 15 and September 15 shall be permitted to
play with a ball or Frisbee or engage in the game of catch on the
Boardwalk and beach in the City of Atlantic City. The Atlantic City
lifeguards are herewith given express authority to enforce the provisions
of this section.
B.
Notwithstanding the above, volleyball is permitted on the beach in
areas designated by the Mayor or his designee.
[Added 6-25-1964 by Ord. No. 9-1964]
No person shall be allowed to carry on the beach or in the ocean
spears or spear guns commonly associated with skin diving.
[Added 6-25-1964 by Ord. No. 9-1964; amended 6-21-2023 by Ord. No. 42-2023]
No person shall be permitted to sit, lay, sleep on or under
Boardwalk railings or on or under the steps leading to the beach.
[Added 6-25-1964 by Ord. No. 9-1964; amended 7-19-1979 by Ord. No.
39-1979; 6-5-1991 by Ord. No. 33-1991]
A.
The use of roller skates, skateboards and any vehicle, except baby
carriages, invalid chairs and licensed chairs, is prohibited on both
the Boardwalk and the beach.
B.
Scooter helmet required.
[Added 10-25-2000 by Ord. No. 69-2000]
(1)
Any person riding a scooter upon any public area in the City of Atlantic
City shall wear an approved helmet designed for safety that meets
or exceeds the standards set by the American National Standards Institute
(ANSI), Standard Z-90.4, or the Snell Foundation, or such subsequent
nationally recognized standard for helmet performance as the City
of Atlantic City may adopt and shall have either the neck or chin
strap of the helmet fastened securely while the scooter is in motion.
(2)
Scooters shall only be permitted on the Boardwalk of Atlantic City
between the hours of 6:00 a.m. to 10:00 a.m. daily throughout the
year.
(3)
No person shall transport another person on or in tow of a scooter
upon any public area in the jurisdiction of the City of Atlantic City
unless the passenger is wearing a helmet that meets the aforementioned
standards.
[Added 10-5-2005 by Ord. No. 84-2005]
A.
The City Council for the City of Atlantic City shall, by resolution,
authorize the Clerk of the City of Atlantic City to establish applications
for one license which shall be made available to a qualified resident
of the City of Atlantic City.
B.
The licensee shall be able to operate the business from the hours
of 7:00 a.m. to 7:00 p.m. from May 1 through October 1 on the beach
in front of Kennedy Plaza up to 200 feet out and 200 feet in width.
C.
Each licensee shall be required, on a monthly basis, to provide an
update of the safety requirements as it shall establish, and the municipality
shall have the right to revoke said license for any violations of
the safety features provided or for failure to comply with the maintenance
and cleanup associated with such activities.
D.
The licenses must be renewed each year with the applicant providing
documentation showing his or her status as a qualified Atlantic City
resident and demonstrating that it is in good standing in compliance
with the terms and conditions of this section.
[Added 10-24-2018 by Ord.
No. 3-2018[1]]
Pursuant to this section, the City of Atlantic City shall cause
to be erected fire rings/pits on the designated beach areas of the
City of Atlantic City. These fire ring/pit structures shall be permanently
affixed in designated beach areas. The fire ring/pit structures shall
be of such material that meets or exceeds industry standards for beach
fire structures. Beach fires shall only be permitted in the designated
fire rings/pits.
A.
Signage.
(1)
Designated fire rings/pits shall be identified by appropriate
signage which will indicate that the fire ring/pit is an officially
designated structure of the City of Atlantic City.
(2)
Each beach area wherein there is a designated fire ring/pit
shall have appropriate signage advising of the hours of usage and
any conditions of usage thereof.
B.
Times permitted.
(1)
Fires shall be allowed on Atlantic City Beaches for a period
of nine months, March through November, under the beach fire regulations
for Atlantic City beaches. Fires will not be allowed on Atlantic City
beaches from the first day in December to the last day in February.
(2)
There shall be established a designated time for which beach
fires are permitted. The times for beach fires shall be appropriately
noted on signage near the fire area. All fires must be extinguished
by the time designated on the signage. Visitors are still permitted
to be on the beach after the extinguishment of the fire as permitted
by City ordinance.
C.
Age requirement. The usage of Atlantic City fire rings/pits shall
be limited to adults 18 years of age and older. All minors who are
in attendance with any users of the fire rings/pits must be supervised.
D.
Fire regulations. Each designated beach area wherein there is a fire
ring/pit shall have its own specific regulations pertaining to the
usage of the structure. The following regulations, however, shall
apply to the usage of any and all fire rings/pits on Atlantic City
beaches.
(1)
All wood to be burned must be brought to the beach by the user.
(2)
The use of accelerants such as gasoline, kerosene or lighter
fluid is prohibited. Users may make use of fire logs and fire sticks.
Paper and kindling are the preferred fire starting methods.
(3)
The burning of any wood pallets, wood containing nails/hardware
or painted wood is prohibited.
(4)
Burning of plastic, trash or other debris is prohibited as the
burning of these materials can give off poisonous gases.
(5)
Fires shall be attended at all times by a responsible adult,
18 years of age or older.
(6)
Minors shall be supervised at all times. There must be one adult
present for every eight minors in attendance.
(7)
Fires are permitted only in fire rings/pits.
(8)
Fires must be extinguished by water only. Users should bring
a bucket to collect water or use water which they have brought. Covering
the fire with sand does not extinguish fires and is prohibited.
(9)
The City of Atlantic City reserves the right to prohibit the
use of fire rings/pits whenever it is deemed in the interest of public
safety.
E.
Usage. The use of Atlantic City beach fire rings/pits is on a first-come-first-served
basis. These regulations which pertain to the use of fire rings/pits
shall not be read to supersede any existing beach regulations for
the City of Atlantic City.
[1]
Editor's Note: This ordinance was vetoed by the Mayor 11-2-2018,
but said veto was overridden by Council 12-12-2018.
[Amended 2-1-1989 by Ord. No. 1-1989; 4-6-2005 by Ord. No.
28-2005; 6-28-2006 by Ord. No. 46-2006; 11-25-2008 by Ord. No.
104-2008; 5-24-2023 by Ord. No. 31-2023]
A.
Any person
who violates any provision of this chapter, upon conviction in the
Municipal Court of the City of Atlantic City, shall be punished for
each offense by a fine of not less than $100 nor more than $1,000,
imprisonment for a term not to exceed 90 days and/or a period of community
service not exceeding 90 days. Any person pleading guilty may pay
a fine of up to $500 to the Municipal Court of the City of Atlantic
City for a first-time offense only.
B.
Any personal
item taken into custody may be returned, with approval by ACPD:
