[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]
A.Â
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.
B.Â
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.
