[Ord. No. 95-39 Preamble]
The following regulations shall govern the use, supervision,
protection, maintenance and policing of the beach access, dunes, beaches,
Atlantic Ocean and adjoining recreational and parking facilities of
the Borough.
[Ord. No. 95-39 A.1]
As used in this section:
The tidally flowed overwash area immediately adjacent to
the beach that extends seaward from the mean high water line to the
mean low water line (hereinafter "foreshore"), the ocean waters extending
seaward from the water line to the three mile limit, and the tidally
flowed land under such ocean waters.
The gently sloping area of sand adjacent to the Atlantic
Ocean in the Borough of Monmouth Beach that extends landward from
the mean high water line of the ocean to a man-made feature generally
parallel to the ocean such as a seawall, fence, parking lot, retaining
wall, or other structure, whichever is closest to the ocean. Beach
shall include supervised beaches, unsupervised beaches, private beaches,
beach access, dunes, foreshore and the Atlantic Ocean as defined herein.
Any public ingress and egress to the beach and shall include
the seawall, stairs over the seawall, decks, ramps, steps, paths,
walkways, parking lots, sidewalks and any other method of public access
immediately adjacent to the beach.
A wind or wave deposited or man-made formation, ridge or
mound of sand that lies generally parallel to and landward of the
Atlantic Ocean between the upland area of the beach and the foot of
the most inland dune slope, and includes any area of sand stabilized
by snow fences and/or planted vegetation. Loose, windblown sand found
in a street, parking lot or on part of a structure as a result of
storm activity is not considered to be a dune.
The employees of the Borough who are directly responsible
for the supervision and operation of a supervised beach.
A beach open to the public or available for public access
that is regularly supervised and maintained on a seasonally scheduled
basis by the supervisory beach personnel, including, but not limited
to, providing life guards, litter pick-up, swimming information and
enforcement, and includes any recreational or parking facilities adjacent
thereto operated by the Borough in conjunction with the supervised
beach.
A beach that is not regularly or seasonally supervised or
maintained by personnel of supervised beaches. Private beaches not
open to the public or available for public access are specifically
defined as unsupervised beaches for purposes of this section notwithstanding
the fact that some private beaches may provide their own private supervision,
regulations and maintenance.
[Ord. No. 95-39 A.2]
a.
The Borough shall have police power jurisdiction over all activities
conducted on any beach. It shall be a violation of this section for
any person to violate, participate in the violation of, refuse to
obey, or to disregard any order, direction, command, whistle or any
other signal used by supervisory personnel on any beach.
b.
Except for children under the age of 12, any person desiring to enter
a supervised beach shall purchase, other than daily badges, a beach
badge at the Borough of Monmouth Beach Borough Hall before entering
the beach and shall agree to abide by the rules and regulations promulgated
by the Borough as set forth in this section and other applicable municipal,
County, State, and Federal laws and regulations.
c.
All persons entering the beach shall attach and wear such beach badge
in a prominent place on their clothing, and shall display such beach
badge upon request to the supervisory beach personnel.
d.
The counterfeiting, copying or other reproduction of beach badges,
or the misrepresentation of information by any person applying for
and receiving a beach badge, is a violation of this section.
e.
The supervisory personnel of supervised beaches shall have the right
to immediately revoke the beach badge privileges of any person who
violates this section or any other municipal, County, State, Federal
law or regulation, and to take and impound any beach badge that has
been improperly used or obtained.
f.
It shall be a violation of this section for any person to use, tamper
with, damage or destroy any of the equipment, lifeboats, stands, lifesaving
equipment, ropes, buoys, floats, oars, paddles, signs, structures,
access means, stairs, decks, fences, buildings, bicycle racks, planters,
railings, waste receptacles, furniture, flags, vehicles or any other
equipment, structure or device used by the supervisory beach personnel
or owned by the Borough.
[Ord. No. 95-39 A.3; Ord. No. O-92-10]
The following conduct is prohibited on the beach:
a.
Possess alcoholic beverages on the beach, except that alcoholic beverages
may be possessed by persons over the legal drinking age on beaches
properly licensed for possession and sale of alcoholic beverages.
b.
Sleep on any beach between the hours of 11:00 p.m. and sunrise.
c.
Appear in the nude on any beach, which shall be defined as a person
exposing to public view any part of the genitals, or the areola or
nipple of a mature female breast.
d.
Take, haul away or remove any quantity of sand from the beach.
e.
Tamper with, cut, burn, destroy, mutilate, walk on or in any way
interfere with the planting, placement or growth of the dune grass
or other vegetation, dune fencing, poles or any other apparatus used
in connection with the dune grass and beach stabilization project.
f.
Solicit, sell, peddle or hawk any article, good, ware, service or
merchandise on any beach.
g.
No person shall smoke a cigarette, cigar or other tobacco product
on any supervised beach at any time except in designated smoking areas
as indicated by signs posted on the beachfront. The permitted smoking
area shall be within a fifty-foot radius of each sign posted on the
beachfront which shall be generally the South and the North End of
the supervised beach.
h.
No person shall smoke a cigarette, cigar or other tobacco product
in any area of the Bathing Pavilion including the deck area, pool
area or building proper. Smoking shall be permitted in designated
smoking areas as indicated by sign(s) which area may be created adjacent
to the parking lot.
[Ord. No. 95-39 A.4; Ord. No. O-19-2002 § 1; Ord. No. O-38-07; Ord.
No. O-99-07]
a.
Baseball, football, basketball, softball, volleyball or any other
sport or game shall be played only on unsupervised beaches in areas
that are scarcely populated, except that these activities may be permitted
on supervised beaches at the discretion of the supervisory personnel
on the beaches in areas and at times specifically designated in advance.
b.
Kite flying, or the action of propelling any object through the air,
shall be engaged only on unsupervised beaches in areas that are scarcely
populated. Use, landing and take-off of ultra-lites, airplanes, hang
gliders or any other manned or mechanically propelled aircraft is
prohibited except in an emergency.
c.
Use and launching of boats, surfboards, jet skis, boogie boards,
air mattresses, rafts, water wings, inner tubes or any other floating,
motorized or inflated object, device or means of water conveyance
shall be permitted in areas and at times not specifically proscribed
in advance by the supervisory personnel of supervised beaches.
d.
Beach buggies, automobiles, trucks, buses, trailers, snowmobiles,
mopeds, motorcycles or any other motorized land vehicle, are prohibited
on the beach, with the exception of those motorized vehicles operated
by the supervisory personnel of supervised beaches and the Monmouth
Beach Police Department and those vehicles displaying a valid permit
issued by the Borough Clerk which are used exclusively to load and
unload boats and other watercraft at times and locations specifically
designated in advance by the Borough.
e.
Surf fishing shall be permitted on unsupervised beaches and on supervised
beaches when not in use for bathing or beach purposes. All nets, poles,
lines, spears, lures, hooks and other fishing equipment shall be maintained,
stored and used so as not to interfere with, or be likely to interfere
with, the safety of any other person.
f.
Beach fires, including the use of barbecues and grills, are limited
to specific occasions, times and designated areas when the person
responsible for starting, maintaining and putting out the fire has
first obtained a permit, in writing from the fire prevention official
or persons designated by such official. Beach clubs may apply for
and receive a seasonal permit from the fire prevention official which
permit shall expire at the end of the beach season.
g.
Dogs, cats, and other domestic animals are prohibited from any beach
where Federal and State listed endangered and threatened species have
been identified and marked as being present, from March 15 through
October 1. Dogs, cats, and other domestic animals are prohibited from
areas of the beach where such species are not present, from the first
day of Memorial Day Weekend through Labor Day.
[Ord. No. 95-39 A.5]
a.
All bottles, cans, paper and other refuse shall be deposited in the
waste receptacles designated for that purpose on the beach. It shall
be a violation of this section to throw, discard or leave any empty
bottle, can, top, carrier, bag, box, wrapper, container, paper, food,
drink, balloon, straw, fishing line or equipment, furniture, umbrella,
clothing, towel, toy, garbage or refuse of any kind on the beach outside
of waste receptacles provided for that purpose.
[Ord. No. 95-39 A.7]
[Ord. No. 2-22-83 Preamble]
The beachfront and riparian rights 1,000 feet to sea from high
water mark, which beachfront is known as the Monmouth Beach Bathing
Pavilion, located at the foot of Valentine Street in the Borough,
are owned, and maintained and regulated by the Borough at great expense
to its taxpayers. The residents of the Borough bathe daily in the
waters adjacent to the beachfront of the Borough during the summer
season and the Board of Commissioners of the Borough are required
by law to provide safety lines enclosing space safe for bathing, life-boats
and life guards for the protection of persons using its bathing beaches
and waters adjacent thereto for bathing purposes. Large numbers of
persons residing without the Borough have been bathing in the waters
adjacent to the bathing beaches in the Borough without contribution
to the cost of maintaining and regulating the beachfront and providing
for the protection of bathers required by law.
The Board of Commissioners deem it advisable to further regulate
the use of the beachfront, bathing beaches and pavilion and waters
adjacent thereto, so that all persons using said beachfront, bathing
beaches and pavilion and waters adjacent thereto shall contribute
to the cost and expense of the maintenance and regulation thereof,
and of providing protection to bathers required by law.
[Ord. No. 2-22-83 § A; Ord. No. 10-9-84 § 1; Ord. No. 6-13-85 § 1; Ord. No. 3-31-87 § 1; Ord. No. 17-91 § 1; Ord. No. 92-22 § 1; Ord.
No. 94-28 § 1; Ord. No.
95-11 § 1; Ord. No. 96-17 § 1; Ord. No. 97-28 § 1; Ord. No. 98-14 § 1; Ord. No. O-13-2000; Ord.
No. O-04-2001; Ord. No. O-08-03; Ord. No. O-24-03 § 1; Ord. No. O-7-04 § 1; Ord. No. O-11-06; Ord.
No. O-10-07; Ord. No. O-78-08 § 1; Ord. No. O-131-09; Ord. No. O-41-10; Ord. No. O-19-11; Ord.
No. O-36-12; Ord. No. 8/14/12; Ord. No. O-33-13; Ord. No. O-63-13; Ord. No. O-01-14; Ord. No. O-06-14; Ord. No. O-01-15; Ord. No. O-05-2015; Ord.
No. O-13-15]
a.
Fees. The 2023 Bathing Pavilion membership fees, beach rates, bathhouse
and locker charges shall be as follows:
[Amended 3-28-2018 by Ord. No. O-04-18; 1-8-2019 by Ord. No. O-17-18; 2-25-2020 by Ord. No. O-02-20; 1-19-2021 by Ord. No. O-02-21; 11-30-2021 by Ord. No. O-15-21; 12-21-2021 by Ord. No. O-16-21; 11-22-2022 by Ord. No. O-08-22]
|
Resident
|
Nonresident
| |
|---|---|---|
|
Seasonal Beach and Pool Badges
Age 5 to 11
Age 12 to 64
Age 65 and over
|
$70
$175
$70
|
$200
$450
$200
|
|
Bathhouse*
*Bathhouses will come with up to 5 badges
|
$1,500
|
$3,000
|
|
Locker*
*Lockers will come with up to 3 badges
|
$750
|
$1,500
|
|
Member Beach Pavilion Badge – Age 12 and over
|
$100
|
$100
|
|
Seasonal Beach Badge - Age 12 and over
|
$100
|
$100
|
|
Guest Card - 5 daily passes (available to members only and unused
passes are nonrefundable)
|
$70
|
$90
|
|
Season Parking
(NOT Guaranteed)
|
$65
|
$65
|
|
Umbrella Hole
|
$40
|
$40
|
|
Badge Replacement Fee (nonrefundable)
|
The replacement fee for "Member Beach and Pool" and/or "Seasonal
Beach Only" badges shall be 50% of the cost of the lost badge except
that any replacement badge in excess of 1 replacement badge sought
within a 2-season period shall be at a cost of 100% of the cost.
| |
|
Daily Rates
| ||
|
Beach Only - Age 12 and over
|
$12
|
$12
|
|
Program Fees
| ||
|
Swimming Lessons (pool)
|
$80
| |
|
Swimming Lessons (ocean)
|
$80
| |
|
Junior Lifeguard Program
|
$130
| |
|
Swim Team Program
|
$100
| |
|
"Teen Night"
|
$10 admission fee. This program is for Monmouth Beach residents
only, with 1 guest permitted per resident.
| |
|
*In addition to the bathhouse and locker charges, the Borough
shall require a refundable $100 security deposit to be applied to
the costs of removal and disposal of abandoned material in the bathhouse/locker
and/or for the repair of any damage.
| ||
b.
Exemptions. The Commissioners may provide, by annual resolution,
"Seasonal Beach and Pool" badges at no cost to active members of Monmouth
Beach municipal volunteer organizations which may include but not
be limited to:
1.
The Fire Company.
2.
The Ladies Auxiliary.
3.
The First Aid Squad.
4.
OEM Members.
5.
The Land Use Board.
6.
The Recreation Commission.
7.
The Environmental Commission.
8.
The Shade Tree Commission.
9.
The Beautification Committee.
10.
The Monmouth Beach Cultural Center Board and Volunteers
11.
The Sustainable Monmouth Beach Committee.
12.
Borough E-mail Graphics Designer.
13.
Library Board.
c.
A nonresident employee, the immediate family (spouse and children) of nonresident Borough employees as well as nonresident Active Members of the Fire Company and First Aid Squad shall be charged the Resident Rate for non-exempt costs as referred to in Subsection 11-2.2a and b in recognition of each employee's and active emergency services member's service to Monmouth Beach. This section refers to the resident rate charged for beach and pool badges, bathhouse, locker and guest cards.
d.
The following person(s) shall be exempt from the seasonal or daily
beach only fee:
[Added 4-20-2021 by Ord.
No. O-04-21]
1.
Persons who have served in any of the Armed Forces of the United
States and who were discharged or released therefrom under conditions
other than dishonorable and who either have served at least 90 days
in active duty or have been discharged or released from active duty
by reason of a service-incurred injury or disability.
2.
A person who qualifies for free access to beaches pursuant to Subsection
d1 above may, in lieu of obtaining and presenting a municipal beach
badge or similar admission pass to gain such access and use, present
a DD-214, DD-215, or DD-256 form as issued by the federal government,
NGB-22 or other approved separation forms as outlined by all branches
of the Armed Forces, a county-issued veteran identification card pursuant
to P.L. 2012, c. 30 (N.J.S.A. 40A:9-78.1 et seq.), a veteran identification
card as issued by the United States Department of Veterans Affairs
under the "Veterans Identification Card Act of 2015" (38 U.S.C. § 5706),
or similar document, or state driver's license or identification card
indicating that the holder is a veteran of the Armed Forces of the
United States.
[Ord. No. 2-22-83 § B; Ord. No. 6-26-84 § C; Ord. No. 7-30-85 § 1; Ord. No. 7-29-86; Ord.
No. 3-31-87; Ord. No. 97-25 § 1; Ord. No. O-13-2000 § 1; Ord. No. O-04-2001 § 1; Ord. No. O-34-2001 § 1; Ord. No. O-07-04; Ord. No. O-20-05 § 1; Ord. No. O-12-06 § 1; Ord. No. O-10-07; Ord.
No. O-88-07; Ord. No. O-89-07; Ord. No. O-25-09 § 1; Ord. No. O-44-09 § 1; Ord. No. O-130-09; Ord.
No. O-40-10; Ord. No. O-11-2015; Ord. No. O-13-15 § 2; Ord. No. O-03-2016]
The following rules and regulations shall be observed by all
persons using the beachfront, bathing beaches and pavilion and waters
adjacent thereto in the Borough.
a.
All applicants for a badge authorizing use of the beachfront, the
pavilion and bathing beaches shall complete an application for membership.
It is understood that they and the members of their family will abide
by all the rules and regulations of the Monmouth Beach Bathing Pavilion.
They shall further agree they will not transfer, loan or permit any
other person to use their badges and that they waive any liability
on the part of the Borough of Monmouth Beach from any injury, loss
or damage while on said beachfront, bathing beaches or water adjacent.
Any application for membership received after the date fixed thereon
for its return shall be charged a $50 penalty fee. Any application
for membership, which includes bathhouse space, received after the
date fixed thereon for its return, said bathhouse space will be forfeited.
b.
_____
1.
Every person registered under paragraph a hereof shall be furnished
a badge which shall be worn on registrant's bathing suit or other
bathing attire at all times and in such a position that it can be
readily seen by the attendant at the entrance to the beachfront pavilion
and bathing beaches.
2.
Each and every person entering or using the bathing beach area located
between Valentine Street and Vista Court in the Borough of Monmouth
Beach (hereinafter, "the South Beach"), except children who have not
yet reached their twelfth birthday, shall conspicuously wear a beach
badge which beach badge shall be visible at all times and shall be
exhibited at all times on demand to the beach inspectors or Borough
of Monmouth Beach Police while entering or using the South Beach.
Such persons are subject to the fines and penalties for any violation(s)
as set forth in Borough Code 11-2.3d to g below.
c.
The Board of Commissioners are hereby authorized to employ a registrar
and such other employees as may be necessary to carry out and enforce
the provisions of this section and to operate the bathing pavilion
and its facilities and are authorized to purchase such books, stationery,
beach badges and such other supplies as may be necessary to effectively
operate this facility.
d.
The Board of Commissioners are hereby authorized and empowered to
forfeit any badge, when used for the purpose of gaining admission
to the beachfront pavilion, bathing beaches or for the privilege of
bathing in the waters adjacent thereto, when the badge is being used
for that purpose by any person other than the person to whom the badge
was issued.
e.
The following policies are adopted and are to be observed by all
patrons of the bathing facility:
1.
Children under 12 must be accompanied by parents or qualified babysitter
14 years or older.
2.
Rainchecks will not be given after 30 minutes due to inclement weather.
3.
Gates are closed on beach between hours of 9:00 a.m. and 5:30 p.m.
4.
The days and hours of operation of the Monmouth Beach Bathing Pavilion
shall be established annually by resolution of the Board of Commissioners.
The Board of Commissioners may also modify those days and hours of
operation, once established, at any time by resolution.
5.
Adult bathing time in the pool: 20 minutes of the hour to the hour.
6.
All cars must park in designated areas and within the white lines.
Parking in yellow-lined areas is prohibited.
7.
No eating or drinking in pool area.
8.
No dogs or other animals are permitted in or on the Bathing Pavilion.
9.
No excessive noise from radios in any area.
10.
Running on porch or beach or in pool area is prohibited.
11.
No signs or notices are permitted except bathing use, Borough use
or nonprofit notices.
12.
No alcoholic beverages allowed in any area.
13.
The use of rafts or boards of any type is permitted at the discretion
of the Manager.
14.
Parking in the Pavilion lot and "overflow" public parking lot located
between Valentine Street and Surf Road will be by seasonal tag only
and the tag MUST be displayed from the rear-view mirror at all times.
If a tag is not displayed, a summons will be issued by the Monmouth
Beach Police Department. Notwithstanding any other ordinance to the
contrary, any person who violates any provision of this section shall
be liable to a fine of $75.
[Amended 4-18-2018 by Ord. No. O-05-18]
15.
Parking.
[Amended 6-25-2019 by Ord. No. O-08-19]
a.
Seasonal
tag must hang from rear view mirror at all times.
b.
The
possession of a seasonal tag does not guarantee a parking space (including
handicapped spaces).
c.
Handicapped
space parking is not limited to seasonal tag holders.
d.
The
Borough is not responsible for lost or stolen passes.
e.
All
vehicles must park within the white-lined spaces.
[Amended 1-19-2021 by Ord. No. O-11-20]
f.
No
parking is permitted in spaces marked "Reserved-Beach Operations."
g.
The
Borough Commissioners may, in their sole discretion, issue parking
tags for such reserved spaces to facilitate the operations of the
Beach/Bathing Pavilion.
h.
Spaces
Marked "Reserved-Beach Manager" or "Reserved-First Aid" shall not
be used by any member of the general public notwithstanding the possession
of a seasonal parking tag.[1]
[1]
Editor's Note; Former Subsection i, requiring back-in parking
for handicapped spaces, which immediately followed this subsection,
was repealed 1-19-2021 by Ord. No. O-11-20. This ordinance also redesignated
former Subsection j as Subsection i.
i.
Certain parking spaces may be designated for parking by particular
types of motor vehicles, i.e., motorcycles, compact cars, electric
vehicles, etc.
[Amended 1-19-2021 by Ord. No. O-11-20]
16.
Glass bottles and containers are prohibited on the Pavilion Deck,
in the pool area and on all public beaches.
17.
Bicycles,
while not in use, shall be stored/parked in the public bicycle racks
provided within the Bathing Pavilion Parking Lot area or its immediate
vicinity. Bicycles may not be stored/parked in any other location
within the Bathing Pavilion Parking Lot or any contiguous public property
or right of way. In addition to the penalties proscribed in this section,
the Police may impound the bicycle.
[Added 8-17-2021 by Ord. No. O-12-21]
18.
No
tents or canopies are permitted except canopy style sunshades with
only one central stanchion no greater than 10 feet by 10 feet without
side walls or screens are permitted. . Umbrellas are permitted provided
they have only one central stanchion to support the shade structure
whether upright or at a 90-degree position and no greater than 8 feet
in diameter. Devices designed to shade infants are permitted provided
they are no larger than 36 six inches in height, width and depth and
for infant use only.
[Added 11-22-2022 by Ord. No. O-10-22]
f.
The Board of Commissioners reserves the right to cancel any privilege
granted or extended to any person violating any of the provisions
of this section and further they are hereby empowered and authorized
by resolution to promulgate, amend or change the rules and regulations
for the use, management and control of the Monmouth Beach Bathing
Pavilion. Any person who violates any provision of this section may
be subject to a revocation of their membership.
g.
Any person who violates any provision of this section shall be liable
to a fine of not more than $100 for the first offense and for a subsequent
offense to a fine of not more than $500 or imprisonment for not more
than 30 days or both.
[Ord. No. 98-27 § 1.1]
No person shall use a trailer to launch or haul out at the municipal
ramp and boat launching facility, situated at the northerly end of
West Street in the Borough of Monmouth Beach, any boat or other water
craft that is motorized and requires a State registration without
first securing a permit and/or decal from the Monmouth Beach Police
Department.
[Ord. No. 98-27 § 1.2]
Persons desiring to secure such a permit shall furnish their
name, address, description and registration number of their boat or
other water craft (not to exceed 22 feet in length), the registration
number of any motor vehicle or trailer to be used in connection with
launching and hauling out, proof of their age and ownership of their
boats and such information as may be required by the Monmouth Beach
Police Department.
[Ord. No. 98-27 § 1.3]
All permits and/or decals shall be serially numbered for identification
purposes and will be issued for a calendar year. Permits and/or decals
are nontransferable and are authorized only for the boats and vehicles
applied for. Decals, when issued, shall be affixed to the left side
rear bumper of the trailer launching the boat or water craft.
[Ord. No. 98-27 § 1.4; Ord. No. O-15-99 § 1; Ord. No. O-31-02]
|
Launch Ramp Permit — yearly
|
$50
|
|
Launch Ramp Permit — Seniors
|
$25
|
|
Daily Permit Fee
|
$10
|
[Ord. No. 98-27 § 1.5]
The number of permits to be issued annually shall be determined
by the Board of Commissioners. The Board of Commissioners reserve
the right to limit and/or suspend the issuance of permits for public
safety and to maintain proper and efficient control as may be determined
by the Monmouth Beach Police Department.
[Ord. No. 98-27 § 1.6]
No boats shall be launched or hauled out at such times as the
ramp shall be posted as "Closed" by order of the Board of Commissioners.
[Ord. No. 98-27 § 1.7]
The Board of Commissioners and/or the Monmouth Beach Police
Department may authorize the launching and/or hauling out of any boat
or water craft deemed to be necessary for response to an emergency
situation and may authorize an exception for any governmental agency
requiring use of the ramp, waiving the application for a permit and
the application fee.
[Ord. No. 98-27 § 1.8]
Any permit holder who shall violate any parking or other traffic
ordinances on any street adjacent to the municipal ramp shall have
their permit and/or decal revoked after the second violation. The
Borough reserves the right to revoke any permit and/or decal, or decline
to issue or renew any permit and/or decal, for violations of rules
concerning the use of the ramp or conduct detrimental to the public
use of the municipal ramp.
[Ord. No. 98-27 § 1.9]
There shall be no parking or standing in the areas designated
by the posted signs.
[Ord. No. 98-27 § 1.10; Ord. No. O-20-00 § 1]
Any person who shall violate any of the terms or provisions
of this section or who shall commit or do any act prohibited in this
section shall be subject to a fine not to exceed $250 and costs of
court.
[Ord. No. O-66-06 Preamble; Ord. No. O-62-13]
Access to the Atlantic Ocean by the public is provided to the
general public by the existing access points located in the Borough
of Monmouth Beach; and the Borough desires to increase such public
access by permitting construction of access ways across the existing
seawall. The Borough deems it necessary to promulgate rules governing
approval for the construction of such access ways (commonly known
as and hereinafter called "seawall staircases"). The Borough deems
it in the interests of the public's health, safety and welfare to
permit the private construction of "seawall staircases" provided those
structures are dedicated to the Borough following construction. This
section is also amended in 2013 to permit the reconstruction of certain
seawall staircases destroyed by Superstorm Sandy under certain terms
and conditions.
[Ord. No. O-66-06 §§ 1
— 5; Ord. No. O-62-13]
The following criteria shall apply to any person/entity desiring
to construct a seawall staircase in the Borough where such staircase
did not exist prior to Superstorm Sandy.
a.
The Board of Commissioners shall adopt, by resolution, design criteria
for the construction of seawall staircases in the Borough.
b.
A person/entity shall apply to the Borough Zoning/Building Department
for a permit to construct any seawall staircase in the Borough consistent
with the adopted design criteria established by the Borough. In addition
to that permit application, the applicant shall supply the following:
1.
A Title Report establishing the Borough's right to permit construction
in the location designated in the permit. This submission shall be
reviewed by the Borough Attorney to confirm the Borough's right to
permit construction.
2.
Proof of the maintenance or existence of general liability insurance
naming the Borough as additional insured in the amount of $1,000,000
for the activity contemplated.
3.
A statement from the applicant that at the conclusion of construction
the seawall staircase shall be dedicated to the Borough of Monmouth
Beach.
c.
No seawall staircase shall be erected within 150 feet of another
public seawall staircase. No seawall staircase approved pursuant to
this section shall impinge on the public's right of access on, over
and along the existing seawall. Permission to erect a staircase pursuant
to this section shall be limited to those locations within 50 feet
north or south of a line drawn due east from the center line of any
public right-of-way fronting State Highway 36.
d.
At the conclusion of construction, the seawall staircase so constructed
shall become the property of the Borough of Monmouth Beach and shall
constitute a public access point.
[Ord. No. O-62-13]
The following criteria shall apply to any person/entity desiring
to reconstruct a seawall staircase in the Borough where such staircase
existed prior to Superstorm Sandy.
a.
A person/entity shall apply to the Borough Zoning/Building Department
for a permit to construct any seawall staircase in the Borough consistent
with the applicable design criteria established by State law if any.
In addition to that permit application, the applicant shall supply
and or comply with the following:
1.
A Title Report establishing the private access right over and through
any public right-of-way which would permit the construction of a seawall
staircase in the location designated in the permit. This submission
shall be reviewed by the Borough Attorney to confirm the private right
of access. Said review and approval shall not be a guarantee of access/right
to impinge any public right-of-way.
2.
Such other government agency approvals that may be required.
3.
The Zoning/Building Department shall confirm that the proposed design
does not constitute a hindrance to access along existing rights-of-way
and does not restrict the north to south use of the public right-of-way.
4.
The proposed staircase may be no larger than the Borough approved design adopted pursuant to Subsection 11-4.2a.
5.
No seawall staircase approved pursuant to this subsection shall impinge
on the public's right of access on, over and along the existing seawall.
Permission to erect a staircase pursuant to this subsection shall
be limited to those locations within 50 feet north or south of a line
drawn due east from the center line of any public right-of-way fronting
State Highway 36.
[Ord. No. O-05-2016]
The Bathing Pavilion Community Room shall be available for use
by any member of the Bathing Pavilion or resident of the Borough of
Monmouth Beach on a first come-first served basis by making such application
to the Borough Commissioners, in writing, through the Borough Administrator.
Permission to rent the Bathing Pavilion Community Room shall be in
the sole discretion of the Commissioners.
[Ord. No.O-05-2016]
The following fee and deposit shall be charged from and after
the effective date of this section. The Borough Commissioners may
designate from time to time, by resolution, a revised fee and deposit
requirement and said resolution shall be on file in the office of
the Borough Clerk. The Borough Commissioners may adopt rules for the
use of the Bathing Pavilion Community Room.[1]
|
Use Fee:
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$400- Nonrefundable
|
|
Security Deposit:
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$500
|
|
The failure to leave the Community Room clean and in the same
condition as before the event, violation of any rules or regulation
for the use of the Community Room, loss of the key, or such act that
results in costs to the Borough, shall result in the forfeiture of
all or part of the security deposit required by this section. The
forfeiture of a security deposit does not relieve the person using
the Community Room from the cost of any damage to the Community Room
that exceeds the security deposit.
|
|
The permitted user must provide the Borough of Monmouth Beach
with a liability insurance policy naming the Borough of Monmouth Beach
as additional insured.
|
[1]
Editor's Note: This section was adopted May 24, 2016 by Ord.
No. O-05-2016.
[Ord. No. O-05-2016]
The use of the Bathing Pavilion Community Room shall be permitted
between the hours of 7:00 p.m. and 11:00 p.m. Permitted users may
be permitted access to the premises, in the sole discretion of the
Borough, prior to 7:00 p.m. All persons shall leave the premises no
later than 11:00 p.m.
[Ord. No. O-05-2016]
The person or organization hosting the event shall permit any
Police Officer or Borough Official to enter the Community Room at
any time to ensure compliance with the conditions in this section,
and other laws, rules, regulations and/or ordinances.
[Added 7-23-2019 by Ord.
No. O-11-19]
The Borough of Monmouth Beach shall erect signs at all public
access points in conformance with the approved Beach Management Plan
adopted by the Borough.
Public access signs shall be maintained by the Borough and clear
of obstruction and visible to the public.
