[HISTORY: Adopted by the City Council of the City of Atlantic City: Art. I, 8-26-1938 by Ord. No. 38-1938; Art. II, 6-3-1992 by Ord. No. 59-1992. Section 203-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 8-26-1938 by Ord. No. 38-1938]
The lands and premises heretofore or hereafter acquired by the City of Atlantic City and lying within the limits of the public park or place for public resort and recreation, laid out and established on the beach or oceanfront of Atlantic City, shall be subject to the provisions and regulations prescribed by the several sections of this Article and shall remain open so that the view oceanward from the interior line of said park and from the elevated Boardwalk now or hereafter constructed along the inner line thereof shall be free, open and unobstructed; provided, however, that nothing herein shall prevent the maintenance of such open and free pavilions adjoining the oceanward side of such Boardwalk as shall have been heretofore constructed by virtue of authority contained in any ordinance of said city, provided that any such pavilion is a construction as required by ordinance and remains open and free.
No person shall upon such lands engage in, conduct or carry on any business, trade or occupation whatsoever except such as may be permitted by this Article or by ordinances now in effect relating to such public park, nor solicit or take orders for goods, wares and merchandise, carry or expose advertising signs, distribute circulars, pamphlets or other reading matter of an advertising nature, conduct the business or photography nor beg or solicit alms.
[Added 7-15-1987 by Ord. No. 58-1987]
Upon the occurrence or staging of a public event upon the Atlantic City beach, there shall be permitted in conjunction therewith concessions, specifically, subsidiary businesses, appropriate and ancillary for the holding of such event, said event to be open and free to the public at large; provided, however, that the allowance of concessions must be authorized by a resolution of the governing body, said resolution to contain terms and conditions to which the concessions shall be subject. The privilege to conduct said concessions shall exist only at the time of the aforesaid public event. The granting of the privilege to conduct a concession or concessions shall be in conformity with the New Jersey statutes made and provided.
No person shall model or design in sand or other material upon such lands, except if consent therefor, in writing, shall have been first secured from the Mayor, and such consent shall designate where such modeling shall be done and shall be revocable at the will of such Mayor. No person shall model any obscene or nude figures upon such lands, and no such model or design shall in any way or manner set forth or contain any advertising matter, sign or name whatsoever. No permit shall be given by the Mayor until he has examined a specimen of the modeling executed by the applicant and is satisfied that the applicant is competent to accurately model or design. No consent shall be given for modeling in any place in front of lands, the owner of which objects thereto.
No person or persons shall hold religious services or other secular meetings of any kind upon such lands unless a written permit therefor, designating the place where such services shall be held, shall have been first obtained from the Mayor, which permit shall be revocable at the will of the Mayor, and during such service, no horn, cornet, drum or other loud instrument shall be sounded or played upon. No person shall lecture or give addresses thereon unless such permit is first obtained therefor. In case the holding of any service or the giving of any lecture or address shall cause crowds to collect or gather upon the Boardwalk so as to obstruct the passage and use thereof, such service, lecture or address shall be immediately discontinued and held at places upon such lands as are not near or adjoining said Boardwalk. No permit shall be issued for holding such services in any place in front of lands, the owner of which objects thereto.
No person shall, without written permission first secured from the Street Supervisor of Atlantic City, take or haul any beach and or soil from such premises and no such permit shall be given where the owner of the land in front of which sand is being removed files a written objection thereto with the Street Supervisor. And if any permit shall be given, upon written objection being filed by said owner, said permit shall be immediately revoked by such Supervisor. No person carting sand shall remove sand in such manner as to leave any hole or depression more than 12 inches in depth in the surface of such lands.
Reclining, observation or beach chairs placed upon the beach- or oceanfront shall be of such shape, design and construction as shall be approved by the Streets, Walks and Drives Committee of the City Council, and no chairs, except such as may be approved by such Committee, shall be used within or upon said public park. Not more than one row of such chairs shall be at any time placed therein or thereon, and no chairs shall at any time be placed or maintained therein or thereon immediately in front of any premises, the owner of which premises objects to the placing and maintaining of such chairs in front of his said premises. Such chairs shall be confined to one location, shall face the ocean and shall not be carried or moved from place to place and shall not be put in use or occupied after 7:00 p.m. of any day. Chairs shall be in one row and shall not be used singly or with two or more together scattered or placed at different places or spots within said public park. Said Committee shall have the power to keep such chairs in fixed, indicated or designated lines or places, and no chair shall be used outside of or in any other place than that so designated or indicated. At points representing the extension of street ends, open spaces shall be left for the full width of said streets, and there shall be open spaces maintained not less than eight feet in width at intervals of not less than 100 feet between street intersections. Such chairs shall not be used except between May 15 and October 15 of any year. Said chairs shall not be placed or maintained so as to cause any obstruction to the view oceanward from the interior line of said park from the elevated Boardwalk.
No dirt, ashes, waste material or other debris of any nature whatsoever shall be placed or dumped upon the lands lying within said park oceanward of the inland or interior line of the Boardwalk, nor shall any waste or drain pipe or tank empty upon or have its outlet upon any portion of said lands.
The Streets, Walks and Drives Committee of the City Council shall have the right whenever it deems advisable to change the location of stands or places where ponies or horses used for horseback riding are assembled, from place to place or may order and direct the removal entirely from said beach for periods not exceeding 10 days, if the presence of such animals is objectionable and tends to create any nuisance, and every person or persons having charge of any animal so used for hire shall remove stands or leave the beach entirely when so directed. No ponies, however, shall be permitted to stand in front of any property, the owner of which shall object thereto, or in any location unsatisfactory to said Committee.
No person shall set up, post or maintain any sign or advertising matter whatsoever upon or over said lands, either upon the beach or strand or upon vessels or objects floating or stationed in the waters or in the air above or upon or in any pavilion constructed upon said lands, and no person who may control any pavilion thereon shall permit any sign or advertising matter whatsoever to be placed in or upon any pavilion erected upon said lands.
[Amended 8-26-1938 by Ord. No. 38-1938; 2-1-1989 by Ord. No. 2-1989; 11-25-2008 by Ord. No. 104]
Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days, or both.
[Adopted 6-3-1992 by Ord. No. 59-1992]
It shall be unlawful for any person to loiter in, lounge in, sleep in or otherwise use any municipal park, playground or other outdoor recreation area or facility between the hours of 10:00 p.m. and 6:00 a.m. from September 15 to May 30 and between the hours of 11:00 p.m. and 6:00 a.m. from May 31 to September 14. Signs giving notice hereof shall be posted in appropriate locations at or about such municipal parks, playgrounds or other outdoor recreation areas. This section shall not apply to the beach or the Boardwalk, the use of which is regulated by Chapter 92 and Article I hereof.
It shall be unlawful for any person to loiter in, lounge in, sleep in, or otherwise use the Texas Avenue park, playground or other outdoor recreation area on the premises or facility between the hours of 9:00 p.m. and 8:00 a.m. from April 15 to October 15 and between the hours of 6:00 p.m. and 8:00 a.m. from October 16 to April 14. Signs giving notice hereof shall be posted in appropriate locations at or about the Texas Avenue park, playground and other outdoor recreation area. This section shall not apply to the beach or boardwalk, the use of which is regulated by Chapter 92, Beaches, Boardwalk, and Oceanfront, and Article I hereof, and to authorize their licensed sporting activities or special events.
[Added 11-14-2001 by Ord. No. 56-2001]
[Amended 11-25-2008 by Ord. No. 104]
Any person violating any provisions of this article shall, upon conviction in Municipal Court, be punished for each offense by a fine not to exceed $2,000 or by imprisonment for any term not exceeding 90 days in jail, or both, in the discretion of the Municipal Judge. Each calendar day on which a violation occurs or continues shall be considered a separate violation.