[1976 Code § 6-16]
Beaches, bathing and recreational facilities are hereby established in the City for the public health, safety and recreation. Fees are required for their use.
Such places shall be located at the oceanfront upon all lands in the City on the Atlantic Ocean between 1st Street and 95th Street within the City in the area commonly known as the "Beach," including any inlet or bay beach.
[1976 Code § 6-17; Ord. No. 691 § 1; Ord. No. 714 § 1; Ord. No. 727 § 1; Ord. No. 883 § 1; Ord. No. 1063 § 1; Ord. No. 1096 § 1; Ord. No. 1141 § 1; Ord. No. 1220 § XIII; Ord. No. 1285 §§ I, II; Ord. No. 1433 §§ I- IV; Ord. No. 1506 (2011) § I; Ord. No. 1511 (2011) § 8; Ord. No. 1561 (2014)]
In order to provide the necessary funds to improve, maintain, protect and police the beaches, the following fees shall be charged for such facilities:
No fee shall be charged to or collected from person under the age of 12 years.
$20 per person per season provided that application is made to the proper authorities on or before the cut-off date of May 15th of each year.
$25 per person per season in the event that application is made to the proper authorities subsequent to the cut-off date of May 15th of each year and for the remainder of the bathing season.
$10 per person per week for any week or fractional part thereof of the bathing season. Weekly badges shall be valid from Saturday at 10:00 a.m. to the following Saturday (eight days later) at 5:00 p.m.
$5 per person per day for a daily bathing privilege subsequent to the City observed day for Memorial Day.
All mail applications for seasonal beach badges pursuant to this subsection shall be made upon written forms to be supplied by the City.
Any person owning a motel within the City shall be entitled to purchase an unlimited number of seasonal badges. Notwithstanding any provisions contained herein to the contrary, the owner of a motel may lend, without charge, any of the badges issued pursuant to this subsection to any registered guest of the motel.
No fee shall be charged or collected from any person in active military service in any of the Armed Forces of the United States, their spouse or dependent children over the age of 12 years.
No fee shall be charged or collected from any persons who are active members of the New Jersey National Guard who have completed Initial Active Duty Training and to their spouse or dependent children over the age of 12 years. As used in this paragraph, "Initial Active Duty Training" means Basic Military Training, for members of the New Jersey Air National Guard, and Basic Combat Training and Advanced Individual Training, for members of the New Jersey Army National Guard.
No fee shall be charged or collected from any 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.
[1976 Code § 6-18]
No person over the age of 12 years shall bathe at or otherwise use the beaches set forth in subsection 21-1.1 without having first acquired and then having in his or her possession a proper and effective badge, license or permit to use the beaches, which shall be worn conspicuously by the person during such use, so that it shall be visible at all times and shall be exhibited on demand to the Beach Inspector or other duly authorized representative of the City.
[1976 Code § 6-19]
No privilege, right, badge, ticket or other evidence of right to use the beaches, issued to or to be issued upon the payment of any of the fees provided for in subsection 21-1.2 shall be assigned, transferred, loaned, given, sold, rented or in any other way set over to another person by the person to whom the same is issued; however, nothing in this subsection will prevent the use of any badge purchased by a homeowner or tenant by any member of the family of such owner or tenant.
No person shall accept and use, upon such beaches, any badge or ticket not issued to or for the person by the City and its duly constituted representative, except as stated in paragraph a above.
No person shall conspire, aid, advise, abet or otherwise assist in any violation of any provision of this subsection or any other subsection of this section.
No person shall use the beaches without having in his or her possession and prominently displayed at all times upon the exterior of his or her clothing, a badge, ticket or other evidence of the right to use the beaches.
[1976 Code § 6-20; Ord. No. 1431 § LXXXVII]
Governing Body. The Governing Body is hereby authorized and empowered to:
Adopt by resolution, in addition to the rules and regulations herein enumerated, such other rules and regulations as may be necessary for the proper control and regulation of the beachfront and the waters adjacent thereto.
Designated by resolution the protected bathing beaches where boats and lifeguards are to be provided by the City, and from which beaches persons may bathe and swim, and to change or abolish the precise location of any one or more bathing beaches from time to time, as safety and attending circumstances shall require.
To determine and establish by resolution the period during each year when each of the paid bathing beaches shall be opened and closed, and the times during which such beaches will be protected.
Mayor. The Mayor is hereby authorized and empowered to:
Employ inspectors, lifeguards and such other employees as may be necessary to carry out and enforce the provisions of this section and all rules and regulations established herein or subsequently adopted by resolution.
Purchase badges, checks or other insignia and such other supplies, materials and equipment as may be necessary.
[1976 Code § 6-21]
The City reserves the right to revoke any beach privileges granted under this section for any violations of its provisions, or other rules, regulations, resolutions and ordinances and to retake and impound any beach identification badge or permit which has been improperly used or obtained.
Such revocation shall not preclude the imposition of any other penalties provided for such violation.
[1976 Code § 6-3; Ord. No. 768 § 3]
It shall be unlawful and an offensive course of conduct to violate or participate in the violation of any rule or regulation hereinafter set forth, which rules and regulations are hereby adopted for and shall apply to the government, supervision, use and policing of the public beach areas, during the months of May, June, July, August and September of each year.
[1976 Code § 6-1; Ord. No. 768 § 2; Ord. No. 1459 (2009) § IV; Ord. No. 1618 (2018) § 15]
The driving or moving of any vehicle on the beach, Promenade, or approaches thereto, is prohibited, except in cases where a written permit therefor, signed by the Chief of Police or by such person designated by the Chief, has been issued. Vehicle beach access permits shall be provided upon submitting a complete application and the application fee. The application fee for a vehicle beach access permit shall be $50. Vehicle beach access permits shall only allow for vehicle beach access between September 15th and May 15th of each year.
[1976 Code § 6-4; Ord. No. 768 § 2; Ord. No. 1618 (2018) § 16]
No person, during the months of May, June, July, August and September in each year, shall walk, drive, ride, bathe, sleep, swim or otherwise be on any public beach area of the City from 10:00 p.m. in the evening of any day to 6:00 a.m. in the morning of the following day, prevailing time; except employees of the City, County, State or Federal government in the performance of their duties as employees; and except any person, persons, or group of persons who have been granted written permission so to do in accordance with the provisions of paragraph b below.
The Chief of Police or any person designated by him/her is hereby authorized to grant permission to any person, persons or group of persons to be on the public beach areas of the City during the time referred to in paragraph a hereof, for such purposes and under such terms and conditions as are consistent with the general meaning, intent and purposes of this section, namely, the protection of the people, their property and rights, the protection of public property, and the general public safety, health and welfare of the inhabitants and guests in the City.
[1976 Code § 6-5; Ord. No. 786 § 3]
No person shall throw, bat, or catch a baseball, football, basketball, softball, or engage in the playing of any game endangering the health and safety of others. This subsection shall not apply to the playing of beach tennis or reasonable playing "at catch" with a soft rubber or beach ball; except at designated areas.
[1976 Code § 6-6; Ord. No. 786 § 3; Ord. No. 1243 § I]
No person shall swim or bathe beyond a safe depth in the ocean, as from time to time indicated, determined or regulated, by the City lifeguards, or to swim or bathe at other than designated areas. No person shall be permitted on or shall dive, jump, or swim from any stone groin located in the City of Sea Isle City.
[1976 Code § 6-7; Ord. No. 786 § 3]
No person shall use a surfboard, canoe, boat, noninflatable raft, inflatable raft, inner tube, water wings or any floating or inflated object of any kind or description except at designated areas.
[1976 Code § 6-8; Ord. No. 786 § 3]
No person shall throw, place, deposit or leave any bottles, cans, glass, crockery, sharp or pointed article or thing, paper, refuse or debris of any kind, in beach areas except in the proper receptacles provided therefor on the Promenade and public beach.
[1976 Code § 6-9; Ord. No. 768 § 3]
No person shall revel, disport or behave in a loud, noisy, boisterous, indecent, or obscene manner, or in any manner which inconveniences, disrupts, or disturbs others and the general peace and good order.
[1976 Code § 6-10; Ord. No. 768 § 3]
No person shall climb upon or stand on the railings, fences or benches on the Promenade, pavilions or approaches thereto and jetties or tamper with or handle the lifeguard boats, stands or other equipment used by the lifeguards.
[1976 Code § 6-11; Ord. No. 768 § 3]
No person shall hawk or peddle, sell or offer for sale any article, goods, wares or merchandise within the beach areas. No person shall hawk or peddle on the Promenade.
[1976 Code § 6-12; Ord. No. 768 § 3]
No person shall change clothes, dress, undress or otherwise disrobe; except in outer wraps.
[1976 Code § 6-13; Ord. No. 768 § 3; Ord. No. 1431 § LXXXVIII]
No person shall use any public place, beach or area for picnics, except at such places or areas as may be designated by resolution of the Governing Body.
[1976 Code § 6-14; Ord. No. 768 § 3]
All orders, directions, whistles or other signals used by the City lifeguards and Police shall be immediately obeyed.
[1976 Code § 6-15; Ord. No. 768 § 3]
Enclosures of any type or description on the public beaches are prohibited.
[Ord. No. 1253 § II; Ord. No. 1504 (2011) § XIX]
There shall be established protection areas within the City of Sea Isle City, pursuant to the City of Sea Isle City Beach Management Plan, for the Protection of Federally & State-Listed Species, dated March, 2011, prepared by Sea Isle City in cooperation with the NJDEP, Division of Fish and Wildlife, and the U.S. Department of the Interior, Fish and Wildlife Service. The following activities are prohibited in the management area during the times specified:
Beach raking shall be consistent with the approved Beach Management Plan (referenced above) of any year.
Vehicle use on the beach shall be consistent with the approved Beach Management Plan and subsection 21-2.2.
There shall be no kite flying, pets, or fireworks, including public fireworks displays, within the protected areas during the dates specified in the Beach Management Plan.
No person shall alter, destroy, or in any way tamper with the nesting enclosures established by the New Jersey Division of Fish, Game and Wildlife Endangered and Non-Game Species Program (ENSP).
There shall be appropriate buffers around all piping plover (Charadrius melodous) nests and beach nesting bird colonies (e.g. least tern (Sterna antillarum)) free from all recreational activities (e.g. pedestrians, joggers, sunbathers, picnickers, fishermen, boaters, or other recreational users), consistent with the approved Beach Management Plan.
The City of Sea Isle City will allow the New Jersey Department of Environmental Protection, or their agents, to implement a predator-control program to reduce the threat of predators (e.g. red fox, feral cats, Norway rats), if necessary.
[Ord. No. 768 §§ 6,7; New; Ord. No. 1253 § I]
Editor's Note: Ordinance No. 678 established the Sea Isle City Promenade by metes and bounds. This ordinance is on file in the office of the City Clerk for review by the public.
[Ord. No. 678 Preamble; Ord. No. 1431 § LXXXIX]
N.J.S.A. 40-179:78 et seq. permits the City to lay out and open streets along the beach or ocean.
The Governing Body deems it in the best interest of the City to dedicate that portion of the public property bordering the ocean or beach between 29th Street and 57th Street as a public street with certain restrictions, to be known as "Sea Isle City Promenade."
[Ord. No. 678 §§ 2, 3]
All that property described on the attachment hereto, which attachment is incorporated herein by this reference thereto, is dedicated as a public street, which street shall be known as "Sea Isle City Promenade."
Sea Isle City Promenade shall become a public street of the City and shall remain open and shall be a public way.
[Ord. No. 678 § 4]
No person or persons shall operate or permit to be operated a motor or other vehicle upon Sea Isle City Promenade except for the following exceptions which shall be strictly construed:
Police, fire, ambulance or other emergency vehicles;
Lifeguard vehicles and Public Works vehicles;
Such other vehicles that obtain a permit from the Mayor or his/her designee, which permit application shall state the name and address of the applicant, the license number, make, year and model of the vehicle, the purpose necessitating the application, the date and hours applied for and such other information as the City may require in ascertaining whether or not a permit for a specified time shall issue.
[Ord. No. 678 § 5]
A person need not be charged as a second or subsequent offender in order to be prosecuted as such.
The Municipal Court shall have jurisdiction over this section.
[Ord. No. 678 § 7]
From time to time, as may be necessary or expedient, the City may grade or otherwise improve Sea Isle City Promenade.
[1976 Code § 17-22; Ord. No. 662 §§ 2, 3, 5; Ord. No. 856 § 1; Ord. No. 927 § 1]
The use of roller skates, skateboards, scooters, bicycles and similar means of conveyance upon the Promenade and its approaches within the City from May 15 to September 15 of each year hereby are prohibited except during the hours of:
5:00 a.m. to 3:00 p.m. on weekdays, 5:00 a.m. to 12:00 noon on Saturdays and Sundays.
All places of business renting, leasing, selling, giving or in any way transferring roller skates, skateboards, scooters and similar means of conveyance within the City shall prominently display during all business hours a sign, which shall state "The use of roller skates, skateboards, scooters and similar means of conveyance upon the Promenade and its approaches within the City from May 15 to September 15 is prohibited except during the hours of 5:00 a.m. to 3:00 p.m. weekdays, 5:00 a.m. to 12:00 noon on Saturdays and Sundays."
Any person violating the terms of this subsection shall be liable, upon conviction, for a fine for a first offense of not more than $50. For each and every subsequent offense within 90 days of a prior conviction, the penalty shall be a fine of not less than $25 nor more than $100.
[1976 Code § 6-22; Ord. No. 889 § 1]
This section shall be known as the "Sea Isle City Beach Protection Ordinance."
[1976 Code § 6-23; Ord. No. 889 § 2]
It has been clearly demonstrated that well established and protected sand dunes, together with berms, beaches and underwater slopes of suitable configuration and of proper grade and height are a durable and effective protection against damage by the ocean under storm conditions and are the natural protection of the coastal areas adjacent thereto, and the State and its subdivisions and their inhabitants have an interest in the combined protection thereof and the right to restore them in the event of damage or destruction.
The dunes are vulnerable to erosion by both wind and water, but primarily by wind since its attacks against the dunes are sustained for substantial and frequently recurring periods of time; whereas, if protected by typical berms, beaches and underwater slopes, the dunes are attacked by water only at infrequent intervals. The best available means of protecting the dunes against wind erosion is by preventing indiscriminate trespassing, construction or other acts which might destroy or damage the dunes, and through the use of native plantings, supplemented by sand fencing and other devices designed to prevent the free blowing of the sand and the maintenance of the surface tensions, root accumulations, normal contours and other features found in typical natural dunes.
The immediate dune and beach area is not capable of rigid definition or delineation or of completely firm stabilization so that particular sites, at one time free of dunes, may, as the result of natural forces, become part of the dune area necessary for the continuation of the protection above outlined and persons purchasing or owning such property do so subject to the public interest therein.
It is a purpose of this section to define the areas so affected and to establish regulations to assure their continued effectiveness. This section is declared to be an exercise of the police power in the interest of safety and welfare and the protection of persons and property.
Past storms have graphically illustrated to public and officials alike that destruction of sand and other barriers protecting the adjacent coastal areas creates an imminent and continuing threat and danger to life and property. Such erosion and destruction make it necessary to the health, safety and welfare of the City to maintain, repair, restore, replace and construct protective barriers on both public and private property within the City.
The interference with or the depletion of the beach and sand dunes tends to permit encroachment by the sea and the conditions above recited make it imperative that the Governing Body, with the City Engineer, in consultation with the Environmental Commission, regulate and control the removal of sand from the beach or dunes or any other interference with or depletion of the protective barrier on the oceanfront of the City.
[1976 Code § 6-25; Ord. No. 889 § 3; Ord. No. 1431 § XC]
The City will in the future adopt the "Sea Isle City Beach Dune Area Map Showing the Dune Line" to be prepared by Andrew A. Previti, P.E., which map, upon completion and adoption, will replace the dune line determination required under this section. Upon adoption by the Governing Body the "Sea Isle City Beach Dune Area Map Showing the Dune Line" shall be incorporated by reference into this section. True copies of the map shall be filed with the City Clerk, the Planning Board, the Environmental Commission, the Clerk of the County of Cape May and the Planning Board of the County of Cape May.
[1976 Code § 6-24; Ord. No. 889 § 4]
As used in this section:
- Shall mean that zone of the shore or beach lying between the foreshore and the dune area and normally acted upon by waves only during severe storms, especially when combined with exceptionally high water.
- Shall mean the zone of unconsolidated material that extends landward from the low water line to the place where there is marked change in material or physiographic form, i.e. dune or bulkhead. Includes foreshore and backshore.
- BEACH DUNE AREA
- Shall mean until the adoption of the "Sea Isle City Beach Dune Area Map Showing the Dune Line" as referred to in subsection 21-4.3, that the City Engineer will make a dune line determination in accordance with the provisions herein. Prior to the adoption of said map, the beach dune line area shall be that district set off by ordinance to include the dunes, beaches, strand, backshore and foreshore, and the area where, according to normal beach profile, the same would or should exist as determined by the City Engineer.
- DUNE AREA
- Shall mean the area actually or normally occupied by dunes. For purposes of this section, it shall be construed to include its actual dimensions or according to a computed profile with a height of at least 12 feet above mean sea level.
- DUNE LINE
- Shall mean a row of dunes which may blend in with a berm or berms, which blend in with each other, are roughly parallel to the ocean, and serve as a protective barrier against the elements.
- Shall mean a hill of sand accumulated along the beachfront usually by natural means. It shall extend from the backshore to the line where the normal leeward slope intersects the established grade of the hinterland.
- Shall mean this part of the shore lying between the crest of the seaward berm and the ordinary low water mark; this is ordinarily traversed by the uprush and backrush of the waves.
- MEAN SEA LEVEL
- Shall mean and include the term "sea level" and shall refer to the 1929 Sea Level Datum established by the U.S. Coast and Geodetic Survey or such other datum as may be established by the U.S. Army Corps of Engineers or other properly authorized agencies.
- NATURAL DUNE
- Shall mean a dune created by natural forces or one that has developed the contours, vegetation, root systems, etc., characteristic of dunes so created.
- NATURAL VEGETATION
- Shall mean and include the terms "native vegetation" or "indigenous vegetation." Specifically, it shall mean such plants as "beach grass" (Ammophila breviligulata), dusty miller (Artemisin stelleriana), hudsonia (Hudsonia tomentosa), sea rocket (Cakile endentual), seaside goldenrod (Solidago sempervieuns), bayberry (Myrica Pennsylvanica), or beach plum (Prunus maritima) which normally grow or may be planted on the slope of dunes or behind them. No distinction is made as to how such plants are introduced into their locations.
- Shall mean areas constructed at various designations across the dune or berm(s) to connect the street ends or other property with the open beach mainly for the use of such vehicular traffic as the Department of Public Safety of this City may, from time to time, direct and for such use as may have been designated by law or a court of competent jurisdiction.
- SAND FENCE
- Shall mean and include the term "snow fence" and may mean either of three types of barricade established in a line or a pattern to accumulate sand and aid in the formation of a dune.
- a. Brush type. This consists of dead bushes, trees, reeds or similar debris collected in bundles and fixed by stakes or similar means.
- b. Picket type. This shall be the commercial variety of light wooden fence held together by wire and secured by posts.
- c. Plastic type. This shall be the commercial variety of slotted plastic sheeting manufactured especially for the purpose of promoting accretion of wind blown sand.
- SLOPE LEEWARD
- Shall mean the face or surface of the dune or berm going from its crest or plateau away from the ocean.
- Shall mean the same included within the definition of beach.
- Shall mean a walk or steps installed for use by pedestrians, built across the dune or berm(s) to connect the street ends with the open beach. These shall be approximately perpendicular to the sand dune and the height, width, length, material and type of construction thereof shall be such as will be required by the City Engineer in consultation with the Environmental Commission to carry out the intent of this section.
[1976 Code §§ 6-27-6-29, 6-31-6-32; Ord. No. 889 § 5; Ord. No. 1431 § XC1]
Access to the open beach shall be obtained only across street ends.
No permit will be granted and it shall be unlawful for any individual, firm or corporation to authorize or participate in the removal of sand or natural vegetation from any street end.
Removal of sand from any opening of a structure is permitted only after notification to the Construction Official in writing requesting an inspection by that Official in conjunction with the Environmental Commission prior to removal. If removal is not approved, an individual, firm or corporation may appeal to the Administrator, who shall determine whether an error has been made and whether or not removal shall be permitted. The provisions of this subsection shall apply only where an applicant has followed all procedures under this section prior to applying to the Administrator.
No individual, firm or corporation shall authorize or participate in any manner in the moving or displacement of sand within the beach-dune area unless a permit therefor shall have been issued pursuant to the Administrator in consultation with the Environmental Commission. The application issued by the Construction Office shall contain the following information:
Name and address of the applicant;
Location of sand to be moved or displaced;
The nature and purpose of the proposed moving or displacement;
Proposed method by which the applicant desires to move or displace the sand, including a description of the equipment, machinery or other apparatus to be used;
Estimate in terms of cubic yards as to the quantity of sand to be moved or displaced;
Such other information as may be required by the Governing Body with the concurrence of the Environmental Commission.
No permit shall be issued without a determination by the Administrator based upon an inspection of the area involved and a report thereon by the City Engineer in consultation with the Environmental Commission that such removal will not create or increase a danger or hazard to life or property. No permit will be granted if the proposed moving or displacement will:
Adversely affect the littoral drift of the beach-dune area;
Result in a reduction of dune protection and the dune area as defined in subsection 21-4.4 or reduce the safety of the property of others;
Interfere with the general configuration of the beach-dune area of the subject property or neighboring properties.
No construction shall be allowed in the beach dune areas except:
Protective works undertaken by the City with the approval of the Department of Environmental Protection of the State of New Jersey and/or the U.S. Army Corps of Engineers with the review of the Environmental Commission of the City as applicable.
Walkways and steps to permit access across the dunes or berms to the open beach at street ends only without damage to the dunes themselves as established by the City Engineer in consultation with the Environmental Commission.
Sand fences to encourage the accumulation of sand as established by the City Engineer in consultation with the Environmental Commission.
Pavilions, platforms and other construction undertaken by the City consistent with the Beach Open Space Program, provided it can be established to the satisfaction of the City Engineer in consultation with the Environmental Commission that the proposed design and construction methods as applied to the particular site, situation and time will not:
Nothing herein contained shall be construed to prevent surveyors from placing survey stakes in the course of surveying property boundaries, nor to prohibit the surveyors from going on and about the dune, berms thereof, or the lands lying East of the acquisition line in the performance of their professional duties, provided that such stakes be of no greater dimensions than two inches by two inches by two feet high.
Until the adoption of the map referred to in subsection 21-4.3 hereof, all construction in the beachfront area will require the owner to submit an application with survey for a dune line determination. The determination will be performed by the City Engineer in consultation with the Environmental Commission. This dune line determination is to be performed at the owner's expense, the cost of which is $425 Any additional fees incurred will also be the homeowner's responsibility. The property owner must erect a dune fence along the westerly limit of the dune line following the standards on file in the office of the Construction Official which shall be established by the City Engineer in consultation with the Environmental Commission. A dune line determination made under any provision of this section shall be valid until the adoption of the map referred to in subsection 21-4.3 hereof. At the time of the adoption of the map by the Governing Body, this subsection of this section shall become void.
The designation, erecting, addition, removal, repair, maintenance, etc., of the dune fence and cleaning of such beach shall be administered by the City with the work being performed by the Department of Public Works, Parks and Public Property or such other persons as authorized by the City.
The removal, diverting, cutting, burning, trespassing on or other destruction of snow fencing and other type of beach protection devices placed by the City or its authorized agents on or in any portion of the beach-dune in the City is prohibited.
[1976 Code § 6-30; Ord. No. 889 § 6; Ord. No. 919 § 1]
With reference to the map adopted in subsection 21-4.3 hereof, the City Engineer is authorized five years from the date of adoption of the map and in the event of a major storm to create a new map which shall be filed with the City Clerk, the Planning Board, the Environmental Commission, the Clerk of the County of Cape May and the Planning Board of the County of Cape May.
Any person, firm or corporation who disturbs the beach dune area (beachfront property) prior to a dune line determination shall be in violation of this section. Should the site be so disturbed, the City Engineer in consultation with the Environmental Commission shall determine the dune line.
The Police Department and the Construction Official shall jointly, individually and in the alternative be responsible for the enforcement of this section.