As used in this article, the following terms shall have the
meanings indicated:
ACCRETION
Includes either natural or artificial land. "Natural accretion"
is the buildup of land solely by action of the forces of nature on
a beach by deposition of waterborne or airborne material. "Artificial
accretion" is a similar buildup of land by reason of an act of man,
such as the accretion formed by a breakwater or beachfill deposited
by mechanical means.
BEACH
Gently sloping, unvegetated areas of sand or other unconsolidated
material that extends landward from the mean high-water line to where
there is a marked change in the material of physiographic form, i.e.,
dune or boardwalk.
DUNE
A wind- or wave-deposited formation of vegetated or drifting
windblown sand, generally parallel and landward between the inland
limit of the beach and the foot of the most inland dune slope, including
primary, secondary and tertiary dunes where they exist. Formations
of sand immediately adjacent to beaches that are stabilized by retaining
structures, such as snow fences, planted vegetation and other measures,
are considered to be natural "dunes," regardless of the degree of
modification of the dune by wind or wave action or disturbance by
development. A "dune" shall not include loose windblown sand found
in a street, on part of a structure or against any structures such
as comfort stations, lifeguard tents, pavilions or the Boardwalk as
a result of wind or storm activity.
DUNE DEVELOPMENT DISTRICT (DDD)
An area located seaward of the Boardwalk delineating a beach
zone presently without dunes. The width of the "DDD" will extend an
average of 50 feet from the boardwalk line toward the ocean. Placement
of fence and planting of vegetation will be completed in an effort
to trap windblown sand and develop a dune. The "DDD" is considered
to have dynamic boundaries which move in response to seasonal winds
and storms. Consequently, the boundaries of the "DDD" will be reviewed
every 12 months and following any storm which damages large portions
of the District. The boundary review process will be conducted by
the City Council, the Department of Public Works and representatives
of the New Jersey Department of Environmental Protection, Division
of Coastal Resources.
EROSION
The wearing away of land by the action of natural forces;
on a beach, the carrying away of beach sediments by wave action, tidal
currents, littoral currents and wind.
MEAN SEA LEVEL
The 1929 datum established by the United States Coast and
Geodetic Survey or such other datum as may be established by the United
States Army Corps of Engineers or other properly authorized agencies.
PERSON
Natural persons, partnerships, firms, associations, joint-stock
companies, syndicates and corporations and any receiver, trustee,
conservator or other officer appointed pursuant to law or by any court,
state or federal. "Person" also means the State of New Jersey, counties,
municipalities, authorities, other political subdivisions and all
departments and agencies within the aforementioned governmental entities.
SAND FENCE
Includes the term snow fence and shall mean a barricade established
in a line or pattern to accumulate sand and aid in the formation of
a dune. It shall include and normally be limited to the commercial
variety of light, wooden picket fence held together by wire and secured
by posts.
SHOREFRONT PROTECTION AREA
That area which extends from the mean high water line to
the seaward toe of the dune, as herein before defined.
[Amended 11-25-2008 by Ord. No. 104-2008]
A. Any person, firm, corporation or public agency that shall be convicted
of a violation of a provision of this article shall, upon conviction
thereof by any court authorized by law to hear and determine the matter,
be subject to a fine not exceeding $2,000 or imprisonment for a term
not exceeding 90 days, or both, as such court, in its discretion,
may impose. Each day that such violation exists shall constitute a
separate offense.
B. In addition to the above penalties, the Atlantic City Beach Patrol,
Construction Official, Police Department or other duly authorized
officers or employees are hereby empowered to pursue such legal and
equitable relief as may be necessary to abate any violation or enforce
any condition of this article.