[Adopted 8-9-1955 (Secs. 8-1 through 8-10 of the 1974 Code)]
The following rules, regulations and provisions
for the use, maintenance, policing and government of the beachfront,
boardwalk, bathing beaches and bathing and recreation facilities,
safeguards and equipment shall be observed and binding upon all persons
using such facilities in the Borough. The provisions herein are for
the protection of the general public and for the control and protection
of the beachfront of the Borough.
The Borough Council may by annual resolution
designate a specified period of time that the beachfront and bathing
facilities of the Borough shall not be used by any person unless the
person registers and pays the fee hereinafter provided. The use of
the bathing beaches and facilities shall thereafter be in strict compliance
with the terms of this article.
A.
Required. Each person using the Borough beachfront and the waters
adjacent thereto for swimming purposes and each person clad in bathing
attire, sun suit or shorts, except children under 13 years of age,
shall, before entering upon the same, register with the duly authorized
employees or agents of the Borough employed for that purpose, giving
his name and address in the Borough and such other information as
may be required by the Borough Council in order to receive the required
badge, check or other insignia necessary to enter or leave the beach.
[Amended 7-26-2016 by Ord. No. 2016-34]
B.
Badge identification.
(1)
Each person so registered shall be furnished with
a badge, check or other insignia numbered or marked for identification
purposes, and which shall be worn conspicuously by the registrant
and be visible at all times. It shall be exhibited at any time on
demand to the guards, beach inspectors, special police or Police Department
officers or authorized agent therefor. At the time of registration,
the number of the badge, check or other insignia shall be entered
upon the registrant's card opposite his name and address so that he
may be readily identified at all times in case of accident, sickness,
death or any other purpose. The Borough or its agents may withhold
the issuance of any badge, check or other insignia for a reasonable
period of time to enable an investigation to be made of the registrant
in order to determine his right to the issuance of the badge, check
or other insignia.
(2)
No person shall apply for a badge, check or other
insignia except in his own name, and he shall sign his name on the
registrant's card.
C.
Transferability. Weekly, monthly or seasonal badges
or passes shall be transferable at the discretion of the badge or
pass holder.
[Amended 10-25-2018 by Ord. No. 2018-25]
D.
Badges required for entry on beach. No person except
children under the age of 13 years shall use the beachfront and the
adjacent waters for swimming purposes nor enter upon the beachfront
unless registered in accordance with the provisions of this article
and displaying the required badge, check or other insignia, whether
the person has paid the fee for daily use, seasonal use or any other
period of time.[1]
[Amended 2-25-1986; 10-25-2018 by Ord. No. 2018-25]
[1]
Editor's Note: Original Sec. 8-2.4A, Badges
Required for Entry to Municipal Pool, added 7-10-1990, which previously
followed this subsection, was repealed 2-8-2005 by Ord. No. 2005-2.
E.
Fees. The fees for badges, checks or other insignia
shall be paid at the time of registration. The fees are set by yearly
resolution of the Mayor and Council and are on file in the Borough
Clerk's office.[2]
[Amended 1-22-1980; 4-27-1982; 3-27-1984; 3-26-1985; 2-25-1986; 2-8-2005 by Ord. No. 2005-2]
[2]
Editor's Note: Original Sec. 8-2.6, Modification
of Fees, which previously followed this subsection, was repealed 2-8-2005
by Ord. No. 2005-2.
F.
Purpose of charges and fees. The charges and fees
provided for herein shall be used to improve, maintain and police
the beachfront to provide the beaches, lifeguards, boats, ropes and
other facilities, safeguards, and equipment for public bathing and
recreation and to provide for all equipment for the protection and
safety of swimmers using the beachfront and to provide funds to protect
the beachfront from erosion, encroachment and damage by the ocean
or otherwise.
G.
Fee for disabled or handicapped.
[Amended by Ord. No. 1995-07]
(1)
There is a need to provide access to the beaches located
within the Borough to disabled persons at a discounted rate.
(2)
The season beach badge fee for handicapped or disabled
individuals shall be $25.
(3)
In order to qualify for a reduced rate, the individual
must produce proof of a social security identification disability
card at the time of purchase.
H.
Beach badges for emergency volunteers. All current
active members of the Bradley Beach Fire Department and the Fire Department
Auxiliary and all current and active members of the Bradley Beach
First Aid shall be exempt from the payment of any fee for the acquisition
of a Bradley Beach seasonal beach badge. Any such member shall be
entitled to a free seasonal beach badge upon proof of the member's
active status in the organization. It is the intention of this subsection
not only to reward members of these volunteer organizations but also
to encourage members to utilize the beach in order to enhance public
safety and to increase response time for emergencies on the beach.
[Amended by Ord. No. 1996-10]
I.
Beach badges for military veterans. Persons who are
veterans of the United States military, possessing a discharge under
honorable conditions or other than dishonorable discharge, or have
been deemed by the Department of Veterans Affairs to have sustained
a service-connected disability, shall be entitled to free admission
to the public beaches.
[Amended by Ord. No. 1996-15; Ord. No. 1997-06; 2-8-2005 by Ord. No. 2005-2]
(1)
There will be a processing fee of $5 charged for any
new or replacement veterans beach badge.
J.
Active
military. Active military, their spouses and dependents shall be entitled
to free admission to the public beaches.
[Added 10-25-2018 by Ord.
No. 2018-25]
The Borough Council shall employ registrars,
cashiers, inspectors, police guards, lifeguards and such other employees
as it may deem necessary to carry out and enforce the provisions of
this article, and to purchase books, stationery, badges, checks or
other insignia and such other supplies and materials as it may deem
necessary.
The Borough Council may, in addition to the
rules and regulations herein enumerated, adopt by resolution or otherwise
such other rules and regulations it deems necessary for the proper
control and regulation of the beachfront and the adjacent waters.
Separate bathing beaches with ropes, boats and
lifeguards shall be provided on the beachfront and the adjacent waters
for the protection of bathers and to prevent congestion. Such beaches
shall be designated by the Borough Council.
A.
Hours of employment. Lifeguards shall be maintained
on duty at established protected bathing beaches during the bathing
hours of 9:00 a.m. to 5:00 p.m. daily and 9:00 a.m. to 6:00 p.m. on
weekends and holidays from May 31 on weekends until the middle of
June when the beaches will be open daily through Labor Day, except
at such times when swimming is deemed dangerous or hazardous by the
Beach Manager, Chief Lifeguard or by the captain of the lifeguards
or the lifeguard in charge of the beach. When such dangerous conditions
exist, the beach shall be closed for swimming, and no person shall
swim in the waters adjacent to the beach, whether protected or not.
[Amended 6-11-1968; 2-8-2005 by Ord. No. 2005-2; 10-25-2018 by Ord. No. 2018-25]
B.
Powers of lifeguards. Lifeguards shall have full police
power and shall have complete charge, control and supervision of swimming
at the respective beaches where they are stationed. All orders or
directives of the lifeguards in dealing with any of the provisions
of this article shall in all respects be fully complied with by any
person using the same.
A.
Swimming at protected beaches. No person shall swim
from the beachfront or in the adjacent waters except from protected
bathing beaches where ropes, boats and lifeguards are provided, and
only when lifeguards are on duty. Any person swimming at hours other
than when lifeguards are on duty shall do so entirely at his own risk
and responsibility.
B.
Swimming at night. No person shall swim in any waters
adjacent to the beach, at night or during hours of darkness.
[Amended 10-25-2018 by Ord. No. 2018-25]
C.
Surf fishing. No person shall engage in surf fishing
in any bathing area during bathing hours.
D.
Lifeguard equipment. No person shall use or tamper
with any boat or other lifeguard equipment without the express permission
of the captain of the lifeguards or the lifeguard in charge of the
beach.
[Amended 2-8-2005 by Ord. No. 2005-2]
E.
Disposal of litter.[1] No person shall discard refuse, including but not limited to cigarette butts, cigar butts, and other tobacco products, in the beachfront area. Bottles, cans, newspaper, clean paper and other recyclable materials shall be placed in marked recyclable containers provided by the municipality. All refuse, paper and litter shall be placed in refuse containers provided by the municipality. The maximum penalty for violating this regulation is set forth in Chapter 1, Article II, General Penalty, of the Borough Code. The minimum penalty is $100 and two days' community service.
[Amended by Ord. No. 2003-01; 2-8-2005 by Ord. No. 2005-2; 3-26-2019 by Ord. No. 2019-11]
F.
Alcoholic beverages.[2] No person shall bring or consume any beer, wine, whiskey,
or other intoxicating liquors on the beachfront, in the waters, or
on the boardwalk or promenade except as specifically provided below:
[Amended by Ord. No. 1996-17]
(1)
The Mayor and Council of the Borough of Bradley Beach
may, by resolution, allow wine and beer to be consumed at the concession
located at Ocean Avenue and Second Avenue subject to the following
conditions:
G.
Ball playing. During bathing hours no person shall
engage in any activity in which there is the throwing, tossing, or
pitching of any article, such as a ball, frisbee or the like, on the
beach or in the adjacent waters. Any activity which requires running
on the beach during bathing hours is also prohibited. Volleyball playing
is permitted in areas so designated by the Borough.
[Amended 7-12-1988]
H.
Animals.[3] Except as specifically set forth herein, no person owning,
keeping or harboring any animal shall permit it to be on the boardwalk,
the promenade, the walkway, or any public land located east of the
sidewalk area on Ocean Avenue. However, from October 1 to May 15,
it shall be lawful to allow dogs and other domestic animals to be
on the public beach area in the Borough. During this period, the dogs
or other domestic animals may be unleashed at the beach but must be
accompanied by the owner or the owner’s representative. Any
such animals must be taken directly onto the public beach area. During
the applicable time period, soley for the purpose of gaining access
to the public beach area, it shall be lawful for said animals to cross
over the boardwalk, promenade, walkway, and public area. The prohibitions
contained in this subsection shall not apply to Seeing Eye dogs, guide
dogs, or other guide animals.
[Amended 7-10-1979; 7-24-1990; by Ord. No. 1996-24; 9-28-2010 by Ord. No. 2010-8; 2-27-2018 by Ord. No. 2018-3]
I.
Motor vehicles and motorized/powered bicycles. No
person or persons shall ride bicycles, skates, roller blades, skateboards,
scooters, motorcycles, mopeds, and/or motor-assisted or powered bicycles,
skates, roller blades, skateboards, scooters, or any other motor vehicles
of any type on the promenade, or any of the public land located east
of Ocean Avenue unless in an official capacity of the municipality;
however, nonmotorized and unpowered bicycles may be ridden on the
promenade or public land between the hours of 12:00 midnight and 9:00
a.m. from May 15 through September 15. From September 16 through May
14, only nonmotorized and unpowered bicycles may be ridden on the
promenade at any time. This subsection does not apply to any type
of motorized carts or powered wheelchairs used to assist persons with
disabilities.
[Amended 8-24-1976; 1-25-1983; Ord.
No. 1998-02; 6-28-2022 by Ord. No. 2022-6; 4-26-2023 by Ord. No. 2023-7]
J.
Interfering with lifeguards. No person shall molest,
bother, annoy or interfere with any lifeguards in the performance
of their duties.
K.
Midnight limit. No person shall remain upon the beach
sand after 12:00 midnight except those engaged in surf fishing.
L.
Disrobing. No person shall disrobe, dress or undress
on the beachfront, in the adjacent waters or on the boardwalk immediately
adjacent to the beachfront, or on any public streets, public places,
or in any vehicles on the streets of the Borough.
M.
Destruction of property. No person shall climb, damage
or deface any fence, railroad, enclosure or other Borough property
on the boardwalk or beachfront.
N.
Entry on beach. No person shall be permitted to enter
the beachfront or beach area except through a publicly designated
entrance.
O.
Removing sand. No person shall remove any beach sand
or soil from the beachfront.
P.
Holes. No hole shall be dug in the beachfront in such
a manner as to leave a depression more than 12 inches deep in the
surface of the land.
Q.
Obscenity. No person shall model, draw or depict any
obscene or rude figures upon the beachfront.
R.
Dangerous objects. No person shall use any appliances,
equipment or objects which might cause injury to bathers and swimmers
on the beach, sand, beachfront or in the adjacent waters.
S.
Glass. No glass bottles, containers or glass objects
of any kind shall be permitted on the beachfront or in the adjacent
waters at any time.
T.
Placing of vehicles. No persons shall place bicycles,
baby carriages or any other vehicles upon the beachfront or boardwalk
within 10 feet of a publicly designated entrance to the beachfront
unless a special area is designated for that purpose.
V.
Gambling. No gambling, gaming or wagering of any type
shall be permitted on the beachfront or in the adjacent waters at
any time.
W.
Disorderly conduct. No person shall, while on or using
any portion of the beachfront or while swimming in the waters of the
ocean adjacent thereto, annoy or molest any other person or utter
any offensive or indecent language or in any way or manner act in
a disorderly manner.
X.
Transporting of gasoline prohibited. No person or
persons shall, unless in an official capacity of the municipality,
possess, transport, or store gasoline, or other combustible materials,
including, but not limited to, propane flame or electric burners,
on the beaches or adjacent boardwalk in the Borough of Bradley Beach.
[Added 10-24-1989; amended 5-10-2016 by Ord. No. 2016-16]
Y.
Smoking restrictions on beach and beachfront areas.
[Added by Ord. No. 2003-01; amended 2-8-2005 by Ord. No. 2005-2; 11-9-2010 by Ord. No. 2010-13; 2-14-2012 by Ord. No. 2012-1; 5-27-2014 by Ord. No.
2014-13; 10-25-2018 by Ord. No. 2018-25]
(1)
No person
shall smoke a cigarette, cigar or chew any tobacco/nicotine product
or any other smoking substance, including e-cigarettes, on the beach
or beachfront area at any time.
(2)
For
purposes of this subsection, the term "beachfront area" shall mean
all public areas, including, but not limited to, boardwalk areas,
access ramps, grass areas, sidewalk areas, paver areas, areas leased
to third parties, and other areas subject to the control or jurisdiction
of the Borough of Bradley Beach east of the easterly curbline along
Ocean Avenue, in the Borough of Bradley Beach.
Z.
Tents or canopies. No person shall bring, erect or install a tent
or canopy on the beaches. Only baby tents no larger than 48 inches
high by 49 inches wide by 36 inches deep utilized for infants and
small children and traditional umbrellas are permitted on the beaches;
as defined: collapsible shade for protection against weather, consisting
of fabric stretched over hinged ribs radiating from a central pole
(especially a small one for carrying in hand).
[Added 5-10-2016 by Ord.
No. 2016-16; amended 8-8-2017 by Ord. No. 2017-20; 3-26-2019 by Ord. No. 2019-7]
AA.
Tables and trays
[Added 5-10-2016 by Ord.
No. 2016-16]
BB.
Cannabis
prohibited. No person shall bring or consume any cannabis items on
the beachfront, in the waters, or on the boardwalk or promenade of
the Borough.
[Added 5-11-2021 by Ord. No. 2021-12]
The applicant for permission to use the facilities
herein described shall sign an application containing such provisions
as may be established by the Borough Council. He shall waive all liability
on the part of the Borough by reason of any injury, loss or damage
while on the beachfront, bathing beaches, boardwalk or in the adjacent
waters and shall agree to abide by all of the provisions of this article
and the rules, regulations and facilities herein described.
[Amended 2-8-2005 by Ord. No. 2005-5; 5-24-2005 by Ord. No.
2005-18]
A.
Storage lockers designed to accommodate beach umbrellas,
baby strollers, beach chairs, and/or belly boards are available. Locker
dimensions are approximately 32 inches wide, 48 inches high and 48
inches deep. The initial fee is due and payable at the time of the
agreement execution. Rental is available the Saturday of the weekend
immediately preceding Memorial Day weekend through the last Sunday
in September each year. Season renewal rental is available the Saturday
of the weekend immediately preceding Memorial Day weekend through
the last Sunday in September each year. All renters shall execute
an agreement with the Borough as follows: to provide their own lock
for security, hold the Borough harmless for any loss of stored items,
and relinquish possession of the locker not later than the last Sunday
in September each year. The Borough reserves the right to confiscate
all items which are left in the locker, which will become the property
of the Borough. Existing renters shall have the first right to renew
their storage lockers until April 1 annually, after which date rentals
will be made on a first-come, first-served basis. The annual rental
is due and payable at the time of agreement execution.
[Amended 5-4-2013 by Ord. No. 2013-5; 7-27-2021 by Ord. No. 2021-21]
B.
Fees: Fees shall be set by annual resolution of the
governing body.
[Amended 12-30-2005 by Ord. No. 2005-28; 1-12-2010 by Ord. No. 2009-18]
[Amended 10-25-2018 by Ord. No. 2018-25]
The Borough Council may cancel any privilege,
badge and/or tag granted or extended to any person who violates any
of the provisions of this article.
