Editor's Note: For regulations restricting dogs on beaches and the boardwalk, see Chapter 5, Animal Control, Section 5-3.
Use Regulations
[1972 Code § 47-1]
The rules and regulations of this chapter for government, use,
maintenance and policing of the dedicated beachfront, public walk,
bathing beaches and bathing and recreational facilities, safeguards
and equipment shall be observed by persons using the dedicated beachfront,
public walk, bathing and recreational facilities, safeguards and equipment
and waters adjacent thereto in the Borough.
[1972 Code § 47-20.1]
As used in this chapter, unless another meaning is clearly apparent
from the language or context of any regulation, all references to
the emergency access roadway, beachwalk, access ramps and dedicated
beachfront shall include the access ramps east of First Avenue and
the paved area along the Beachfront from the Manasquan Inlet to Ocean
Avenue.
An unmanned aircraft that can fly under the control of a
remote pilot or by a geographic positions system ("GPS") guided autopilot
mechanism, and that is equipped with a sensing device or capable of
any data collection.
[Added 6-3-2019 by Ord.
No. 2291-19]
[1972 Code § 47-1; Ord. No. 1160; Ord. No. 1625-94]
Each and every person using the bathing beaches and bathing
and recreational facilities, except children who have not yet reached
their 12th birthday, shall, before using the same and before entering
upon the same, register with the duly authorized agents of the Borough
employed for that purpose. Such person shall supply his or her name
and address and such other information as may be required by the Borough
Council or its authorized representatives.
[1972 Code § 47-1]
Each and every person so registered shall be furnished with
a badge, check or other insignia, which badge, check or other insignia
shall be serially numbered for identification purposes, shall be worn
by the registrant conspicuously, shall be visible at all times and
shall be exhibited at all times on demand to the beach inspectors
or Manasquan Police, and the number of the badge, check or other insignia,
at the time of registration, shall be entered opposite the registrant's
name and address so that the registrant may be readily identified
at all times in case of accident, sickness or death.
[1972 Code § 47-1; Ord. No. 962]
It shall be unlawful for any person to possess, display, make,
sell or exchange any badge or insignia that is a copy, imitation,
facsimile or reproduction of any official beach badge issued by the
Borough.
[1972 Code § 47-1; Ord. No. 879; Ord. No. 905; Ord. No. 939; Ord. No.
1013; Ord. No. 1034; Ord. No. 1107; Ord. No. 1160; Ord. No. 1217; Ord. No. 1234; Ord. No. 1244; Ord. No.
1269; Ord. No. 1302; Ord. No. 1334; Ord. No. 1371; Ord. No. 1407; Ord. No. 1439; Ord. No. 1447; Ord. No.
1477; Ord. No. 1496; Ord. No. 1503-90; Ord. No. 1534-91; Ord. No. 1566-9; Ord. No. 1600-93; Ord. No. 1625-94; Ord.
No. 1659-95; Ord. No. 1682-96; Ord. No. 1720-97; Ord. No. 1745-98; Ord.
No. 1814-2000 § 1; Ord.
No. 1845-2001 § 2; Ord.
No. 1874-02 §§ 1 — 9; Ord. No. 1945-05 §§ 1 —
5; Ord. No. 1970-06 § 1; Ord. No. 2027-08 § 1; Ord. No. 2067-10 § 1]
The following charges shall be made for badges issued for the
summer season during each calendar year:
a.
For each daily weekday badge for persons over the age of 12 years the fee shall be as stated in Chapter 16, Fees. A "weekday" is defined as Monday through Friday.
b.
For each daily weekend badge for persons over the age of 12 years the fee shall be as stated in Chapter 16, Fees. A "weekend" is defined as Saturday and Sunday.
c.
For each weekly badge for persons over the age of 12 years the fee shall be as stated in Chapter 16, Fees. A "week" is defined as the period from Saturday through Friday.
d.
For each season badge for persons over the age of 16 years the fee shall be as stated in Chapter 16, Fees. A season badge is valid for the entire bathing season.
e.
For each season badge for persons 12, 13, 14, 15 or 16 years of age the fee shall be as stated in Chapter 16, Fees. A season badge is valid for the entire bathing season.
f.
For each season badge for persons over the age of 65 years the fee shall be as stated in Chapter 16, Fees. A season badge is valid for the entire bathing season.
g.
The Borough Council shall have the authority to establish, by resolution,
a discount rate for daily badges and season badges, provided, however
that discount rates for season badges shall apply only to badges purchased
prior to a specific date which shall be established in the resolution.
h.
For each daily weekday badge for persons over the age of 12 years which is sold on the dedicated beachfront at a location other than a badge booth or entrance/access area the fee shall be as stated in Chapter 16, Fees.
i.
For each daily weekend badge for persons over the age of 12 years which is sold on the dedicated beachfront at a location other than a badge booth or entrance/access area the fee shall be as stated in Chapter 16, Fees.
j.
A beach badge issued to a handicapped person shall be sold at 1/2
of the regular charge established for the particular category of badge
to be issued. A handicapped person shall be a person as defined in
N.J.S.A. 39:4-204.
k.
Active members of the United States Armed Services and their dependents
shall be allowed free admission to the beach upon presentation of
a valid military status identification card at any beach entrance.
l.
Any person
who has 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, upon proof of valid military
identification issued by the Department of Defense, be exempt from
beach badge fees.
[Added 6-15-2020 by Ord. No. 2320-20[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
l as Subsection m.
m.
The terms "bathing season" or "summer season" shall mean the period
from May 15th through September 15th of each year.
[1972 Code § 47-1]
The charges mentioned in subsection 12-2.4 are made for the purpose of providing revenue to improve, maintain and police the dedicated beachfront; for providing bathing beaches, lifeguards, boats, ropes and other facilities, safeguards and equipment for public bathing and recreation; to provide for all equipment for the protection and safety of bathers using the beachfront; and to provide funds to protect the dedicated beachfront from erosion, encroachment and damage by the sea or otherwise.
[1972 Code § 47-1; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
a.
The Borough Council is authorized to employ a Department Head, Chief
Lifeguard and such other employees as may be necessary to carry out
and enforce the provisions of this chapter and to purchase supplies
and materials as may be necessary.
b.
The Borough Council is hereby authorized and empowered to adopt such
other rules and regulations as may be necessary for the proper control
and regulation of the beachfront and waters adjacent thereto.
[1]
Editor's Note: Material regarding the department head of the
beach department was repealed by Ord. No. 2336-2021. Prior history
includes the 1973 Code § 47-1 and Ord. No. 2075-10.
[1972 Code § 47-1; Ord. No. 2075-10; amended 3-1-2021 by Ord. No. 2336-2021]
a.
The Chief Lifeguard shall have supervisory oversight responsibility
for all beach operations and employee staff to include all lifeguard
staff, beach maintenance crew, beach patrol staff, first aid team
staff, beach office staff and beach office field staff;
b.
The Chief Lifeguard shall serve seasonally (summer and winter) at
the pleasure of the Mayor and Borough Council for periods not to exceed
six months per season, from April 1 thru September 29 (summer) and
from October 1 through March 30 (winter) of each year.
c.
The Chief Lifeguard shall be on duty as follows:
1.
During the winter season, the Chief Lifeguard shall be available
to to attend to beach related business when determined necessary by
the Borough Administrator;
2.
During the summer season, commencing April 1, the Chief Lifeguard
shall be available to attend to beach related business when determined
necessary by the Borough Administrator. The Chief Lifeguard will also
be on duty at the beach every weekend and holiday from the weekend
prior to Memorial Day through the weekend following Labor Day;
3.
During the summer season, commencing on the date the beach officially
opens, the Chief Lifeguard will be on duty at the beach five days
per week, to include Saturdays, Sundays and holidays. This schedule
will continue until the date the beach officially closes.
d.
The Mayor and Borough Council shall consider the recommendations
from the committee overseeing beach operations and the Chief Lifeguard's
previous season's performance, if applicable, in considering re-appointment
of the Chief Lifeguard.
e.
The Borough Administrator may consider special requests by the Chief
Lifeguard for a holiday or weekend day off.
[1972 Code § 47-1; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
All beach employees, with the exception of the Department Head
and Chief Lifeguard, shall record the start of work, work breaks,
and record the conclusion of the day's work on a time clock provided
for that purpose.
[1972 Code § 47-15; Ord. No. 1600-93]
a.
Lifeguards shall be maintained on duty at the bathing beaches now
or hereafter established during the bathing hours between 9:00 a.m.
and 5:30 p.m. The lifeguards shall have full police power and have
full charge and supervision of the bathing at the respective beaches
where they are stationed.
[1972 Code § 47-2; Ord. No. 1600-93]
No person or persons shall bathe from the dedicated beachfront
except from the protected bathing beaches where flags or ropes, boats
and lifeguards are provided by the Borough, and only at such times
as the lifeguards are on duty. Separate bathing beaches with flags
or ropes, boats and lifeguards shall be provided on the dedicated
beachfront for the protection of bathers and to prevent congestion
at the bathing beaches.
[1972 Code § 47-3; Ord. No. 1600-93; Ord. No. 1775-98 § 1; Ord. No. 2027-08 § 2]
No person or persons shall play baseball or engage in any kind
of ball playing, nor shall any person or persons engage in any game
or exercise which involves the throwing or projecting of any object
in the area between the monumented beachfront line and the western
toe of the sand dunes, which area includes the public walk on the
dedicated beachfront, except in areas and periods of time designated
for this purpose.
[1972 Code § 47-4]
No person or persons shall disrobe, dress or undress on the
dedicated beachfront.
[1972 Code § 47-5]
No person shall throw any bottles, cans, paper or other refuse
upon the dedicated beachfront, and all such refuse shall be placed
in containers provided therefor.
[1972 Code § 47-6; Ord. No. 1593-93; Ord. No. 1823-00 § 1;
amended 11-16-2020 by Ord. No. 2317-20]
It shall be unlawful for the owner of any dog to permit same
to be upon the dedicated beachfront, beachwalk or municipal property
adjacent thereto between April 16 and September 30 of each year.
The owner of any dog under the control of a leash may utilize
the dedicated beachfront east of the sand dunes, and the approaches
and beachwalk for access only, between October 1 and April 15 of each
year.
Dogs shall be leashed at all times while on the beaches and
beachfront.
[1972 Code § 47-7; Ord. No. 1355]
No person or persons shall ride, walk, carry or park a bicycle
or similar device on the public walk or dedicated beachfront for the
period between the Friday preceding Memorial Day and Labor Day of
each year, except during the hours of 6:00 a.m. and 9:00 a.m. Bicycle
riding is permitted on the public walk and dedicated beachfront during
the remainder of the year.
[1972 Code § 47-8]
No fires will be permitted on the dedicated beachfront without
the permit in writing from the Borough Council.
[1972 Code § 47-9]
No person or persons shall climb, break, damage or deface any
fence or other Borough property on the dedicated beachfront.
[1972 Code § 47-10; Ord. No. 2027-08 § 3]
No person or persons shall peddle, vend, sell, distribute or
offer for sale any goods, wares, merchandise or raffle tickets on
the dedicated beachfront or the public walk on the dedicated beachfront.
[1972 Code § 47-11]
No person or persons shall solicit any business on the public
walk or dedicated beachfront.
[1972 Code § 47-12]
No person or persons shall sell or distribute any leaflets,
circulars, pamphlets or other printed matter upon the dedicated beachfront
or on the public walk.
[1972 Code § 47-13]
No person or persons shall use or tamper with any boat or other
lifeguard equipment except in case of emergency, without the permission
of the captain of the lifeguards.
[1972 Code § 47-14]
No person or persons shall engage in surf fishing in the bathing
areas during bathing hours.
[1972 Code § 47-16; Ord. No. 2111-12 § 3]
No person or persons shall bring, possess or consume any alcoholic
beverage on the public walk or dedicated beachfront. Any person who
violates this section or fails to comply with any of its requirements
shall, upon conviction, be subject to a fine in the amount of $400.
[1972 Code § 47-18]
No person shall model any obscene or lewd figures upon such
dedicated beachfront.
[1972 Code § 47-19]
No person shall take or haul any beach sand or soil from the
dedicated beachfront.
[1972 Code § 47-20]
No holes shall be dug in the dedicated beachfront in such a
manner as to leave a depression which creates a safety hazard.
[1972 Code § 47-20.1; Ord. No.
1355; Ord. No. 1600-93]
No person shall fly or utilize a kite, toy/model airplane or
similar device on the dedicated beachfront, except in areas and periods
of time designated for this purpose.
[1972 Code § 47-20.1; Ord. No.
1355; Ord. No. 1600-93]
No person shall ride, walk, carry or park a moped, motor scooter,
motorcycle or other motorized vehicle on the public walk adjacent
to the dedicated beachfront at any time, except authorized employees
of the municipality.
[1972 Code § 47-20.1]
No person shall use roller skates, roller blades, skateboards,
or similar devices on any public walk, including the access ramps
adjacent thereto, for the period between the Friday preceding Memorial
Day and September 30 of each year, except during the hours of 6:00
a.m. to 9:00 a.m. Roller skating, roller blading and skateboarding
is permitted on the public walk during the remainder of the year.
[Ord. No. 2-27-08 § 5]
No person shall cause or permit any type of boat to be placed
on the dedicated beachfront, except that kayaks and canoes can be
placed on the beachfront in areas and within time periods designated
for this purpose.
[1972 Code § 47-20.1; Ord. No.
1462; Ord. No. 1600-93]
No person shall engage in the activity of playing volleyball
on the dedicated beachfront, except in areas and periods of time designated
for this purpose.
[1972 Code § 47-20.1; Ord. No.
2027-08 §§ 6, 7]
The use of the beach area by fishermen and surfers is restricted.
The beach area between the north jetty of the Manasquan Inlet and
the first storm jetty to the north of the Inlet jetty may be used
by surfers at any time. Surfing in all other areas along the beach
between May 15 and September 15 of each year is permitted only between
the hours of 5:30 p.m. and 8:30 p.m.
From May 15 through September 15 of each year, fishermen may
only use the beach area between the hours of 5:30 p.m. and 8:30 a.m.
Fishermen may use all areas of the beach at all times from September
16 through May 14 of each year.
[1972 Code § 47-20.2; Ord. No.
1600-93]
No person shall take or possess a glass bottle, jar or similar
container upon the dedicated beachfront.
[1972 Code § 47-20.1]
No person shall recline, lie flat, prone or prostrate on the
dedicated beachfront during the period between sunset and sunrise
of the following day.
[Added 6-3-2019 by Ord.
No. 2288-19[1]]
a.
The Chief Lifeguard, with input from the Police Chief, will regulate
and control the beachfront as to determine whether bathing and/or
surfing is to be permitted, restricted or closed after normal operating
hours. Lifeguards will remain on duty under the direction of the Chief
Lifeguard and support of the Police Chief. Beaches can be closed to
bathing and/or surfing completely whereby lifeguards and police would
keep people away from the dangerous surf or have restricted bathing
and/or surfing in designated areas as determined by the Chief Lifeguard
and support from the Police Chief.
b.
Under the direction of the Chief Lifeguard, when lifeguards are told
to secure and depart the beachfront, the lifeguards will advise the
patrons that they are going off duty and to not go near the dangerous
surf to swim or surf. The Chief Lifeguard will notify the Borough
of Manasquan Police Department that the lifeguards are off duty. The
police will then monitor the beach, keeping people out of the surf
when lifeguards are not present. Rough Surf Management Plan will remain
in effect until the surf conditions subside and normal beach operating
conditions are in effect.
[1]
Editor's Note: This ordinance was amended 3-2-2020 by Ord.
No. 2310-20 to correct the number of the added section.
[Added 6-3-2019 by Ord.
No. 2291-19[1]]
No person shall fly or utilize a drone or similar device on
the dedicated beachfront area, entire beachwalk and all access ramps
that lead to the beachwalk between the hours of 9:00 a.m. and 4:30
p.m. EST.
[1]
Editor's Note: This ordinance was amended 3-2-2020 by Ord.
No. 2310-20 to correct the number of the added section.
[Added 3-15-2021 by Ord. No. 2340-21]
a.
No person shall erect, maintain, use or occupy on or in any beach
or bathing area any umbrella, tent, canopy, shelter or structure of
any kind with the exception of the following:
1.
Umbrellas with one central stanchion to support shade whether upright
or at a ninety-degree position that is a collapsible circular shade
no greater than eight feet in diameter or radiating from its center
pole greater than seven feet six inches in height and does not contain
grounding lines, ropes or sides.
2.
Devices designed or used to shade infants and small children, also
known as "baby tents," no larger than 40 inches high by 40 inches
wide by 40 inches deep.
b.
Umbrellas and baby tents anchoring lines, tethers, or the like shall
not extend beyond the perimeter of the umbrella or baby tent.
c.
No person shall locate an umbrella or baby tent in an area obscuring
a lifeguard's view of the ocean or in an area impeding a lifeguard's
egress from a lifeguard stand, as determined by a lifeguard.
d.
All other umbrellas, tents, canopies or structures are strictly prohibited
except when a Use of Borough Property application has been filed with
the Clerk of the Borough of Manasquan and approved by the Mayor and
Council.
[1972 Code § 47-22]
As used in this section:
Shall mean attempting to take or the taking of fish, crabs,
or other marine life by means of a spear, harpoon, dart, arrow, gun
or any missile hand-held or hand-propelled by the fisherman or the
taking or the attempting to take of fish, crabs or other marine life
by means of any device which is hand-held or hand-propelled and projects
a missile of any kind.
[1972 Code § 47-23; Ord. No. 2027-08 § 8]
No person or persons shall engage in goggle fishing or spearfishing
in the beachfront areas of the Borough during the period from May
15 to October 15 in each year.
[1972 Code § 47-24; Ord. No. 2027-08 § 9]
No person or persons shall engage in goggle fishing or spearfishing
from any jetties bounding the beachfront areas or from any jetty or
jetties within any beachfront areas of the Borough during the period
from May 15 to October 15 in each year.
[Ord. No. 1882-02 § 1]
The municipal beaches provide an opportunity for residents and
visitors to enjoy Manasquan's seashore environment, breathe the fresh
salt air, play or relax on the sand or in the water, and engage in
other healthy and wholesome recreational or fitness related activities.
The odors caused by persons who smoke tobacco products and the
litter caused by persons who improperly dispose of cigarette butts
on the beach significantly detract from this wholesome and healthy
environment and reduce the enjoyment of the beach for people who want
to enjoy a healthy and wholesome environment free of smoking related
pollution.
For many years, volunteer groups performing beach and dune clean-ups
have reported that cigarette butts constitute a significant portion
of litter collected from this area.
Manasquan's beach cleaning equipment is unable to pick up cigarette
butts from the beach, and it is not economically feasible for the
municipality to regularly sift the sand to remove discarded cigarette
butts.
Manasquan wants to promote and enhance the healthy and wholesome
environment of its beaches, and safe enjoyment of these facilities
by all individuals, especially children, by prohibiting smoking on
its beaches except in areas specifically designated and suitably equipped
for that purpose.
The creation of smoke-free areas on Manasquan's beaches will
reduce smoking-related litter because designated smoking areas can
be better equipped to facilitate the proper disposal of smoking-related
litter. Also, by reducing the areas where smoking-related litter will
be likely to accumulate, removal of this litter will be more practical.
[Ord. No. 1882-02 § 2; Ord. No. 1886-02 § 1; amended 5-17-2021 by Ord. No. 2350-21]
a.
No person
shall discard any bottles, cans, paper or other refuse, including
but not limited to cigarette butts, cigar butts, and other tobacco
or cannabis product on any beach, in the beachfront areas, on the
beach walk or any access ramp that leads to the beach walk.
b.
Refuse,
waste paper, etc. shall be properly discarded in refuse containers
provided for that purpose.
[Ord. No. 1882-02 § 3; Ord. No. 1886-02 § 2; Ord. No. 1960-05 § 1; amended 6-3-2019 by Ord. No. 2291-19; 5-17-2021 by Ord. No. 2350-21]
No person, at any time, shall smoke a cigarette, cigar, electronic
smoking device or other tobacco or cannabis product, or utilize any
smoking related paraphernalia on any beach, in the beachfront areas,
on the beach walk or any access ramp that leads to the beach walk.
[Ord. No. 1882-02 § 4; Ord. No. 1960-05 § 2]
The Borough Council is hereby authorized and empowered to adopt,
by resolution, such other rules and regulations as may be necessary
for the proper control and regulation of the beachfront area. For
purposes of this section, the term "beachfront area" shall mean all
areas east of the municipal beachwalk. The "beachfront area" shall
include, the beach, beach jetties, dunes, beach plantings and waters
adjacent to such area. Nothing herein shall be construed to limit
the municipality from enforcing other applicable provisions of the
Municipal Code, New Jersey State Statutes or other applicable laws.
a.
No unauthorized person shall operate, drive or propel any motor vehicle,
animal-driven vehicle or motorized bicycle on the walkway at the beachfront
and the ramps or approaches thereto, the walkway at Stockton Beach
Park of the Esplanade at the Inlet on Riverside Drive unless such
person is the holder of a valid beach access permit.[1]
b.
Handicapped persons driving motor vehicles with valid handicapped
license plates are authorized to use the Ocean Avenue beach access
ramp. The north ramp is designated one-way westbound and the south
ramp is designated one-way eastbound.
[1972 Code § 47-20.1G]
No motor vehicle, other than a municipally-owned motor vehicle
or a vehicle operated by an authorized agent of the Municipality,
shall use the beach emergency access roadway except as hereinafter
provided.
[1972 Code § 47-20.1G; Ord. No.
1961-05 § 1; Ord. No.
2180-15]
A person, firm, or corporation seeking permission to use the
beach emergency access roadway shall file a permit application with
the Municipal Clerk. The application shall be made in writing and
contain the following information:
a.
The purpose for which the applicant seeks to use the emergency beach
access roadway.
b.
The street address and lot and block number of the property which
the applicant seeks to gain access to by use of the roadway.
c.
The type of vehicle(s), full description and color of the vehicle(s)
together with the license plate number of the vehicle(s).
d.
The name, address, business telephone number and home telephone number
of the person responsible for the vehicle(s) using the access roadway.
e.
The applicant shall be required to pay a fee as stated in Chapter 16, Fees, to cover costs incurred by the Borough in the issuance of this permit and inspection(s) incidental thereto.
f.
(Reserved)
g.
If the vehicle(s) to be utilized has a gross vehicle weight of 5,000
pounds or less, no cash deposit is required.
h.
If the vehicle(s) to be utilized has a gross vehicle weight exceeding five 5,000 pounds, the applicant shall be required to post a cash deposit or letter of credit issued by a bank authorized to do business in the State of New Jersey as stated in Chapter 16, Fees, to ensure that the beach emergency access roadway is not damaged.
[1972 Code § 47-20.1G]
A public utility corporation of the State of New Jersey may
post a corporate bond on a yearly basis in the amount of $5,000 in
lieu of a cash deposit. The corporated bond shall, by its terms, provide
for the payment of any damages by or from the acts of the applicant,
its agents, servants or subcontractors and save the Borough harmless
from any suits at law, or otherwise which may result from damages
sustained by any person or property as the result, directly or indirectly,
of the work performed under this permit. Any utilities authority formed
under the provisions of Title 40 of the New Jersey Revised Statutes
may, in lieu of posting a corporate bond, file with the Municipal
Clerk a statement that the authority will provide the payment of any
damages by or from its acts, its agents, servants or subcontractors
and save the Borough harmless from any suits at law or otherwise which
may result from damages sustained by any persons or property as the
result, directly or indirectly, of the work performed under this permit.
[1972 Code § 47-20.1G]
The cash deposit, as provided above, shall be retained by the
Borough Treasurer until the applicant has terminated use of the emergency
access roadway. The applicant shall notify the Municipal Clerk, in
writing, of the fact that the use of the access roadway is no longer
required. At such time, the access roadway shall be inspected by the
Superintendent of Public Works to determine if it has been damaged.
[1972 Code § 47-20.1G]
The applicant shall be responsible for any damages sustained
to any person or property as a result, directly or indirectly, of
the use of the access roadway and shall save the Borough harmless
from any suits at law or otherwise which may result from such use
of the access roadway. The costs to repair damage to the access roadway
shall be charged against the cash deposit (if applicable) and the
balance of the deposit, if any, shall be returned to the applicant.
In the event the cash deposit is insufficient or if a deposit has
not been made to cover the costs incurred in restoring the access
roadway to its former condition, the holder of the permit shall be
responsible for any excess costs incurred by the Borough.
[1972 Code § 47-20.1G]
The holder of a permit under this regulation shall be limited
to utilizing the access roadway between the hours of 8:00 a.m. and
4:30 p.m. The use of the access roadway is expressly prohibited on
Saturdays, Sundays and for the entire period from the Saturday before
Memorial Day to Labor Day of each year.
[1972 Code § 47-20.1G]
The Chief of Police or his designee may require traffic control
devices or barriers to be erected in order to insure the safety of
the public.
[1972 Code § 47-20.1G]
Use of emergency access roadway shall be limited to vehicles
having rubber tires. No vehicle, such as a backhoe with out-riggers
or a track bulldozer, shall be permitted to use the access roadway.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No.
1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
No group of 20 or more people shall be admitted to the bathing
beaches without first having secured a permit from the Department
Head.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No.
1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
Groups of 20 or more people will be issued a permit for use
of the bathing beaches provided that an application for the permit
is made at least seven days prior to the date of the proposed use
by such group.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No.
1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
a.
Organizations or groups of 20 or more people may be denied a permit
by the Department Head if the group is too large to be accommodated
by the beach facilities.
b.
Organizations or groups may be denied a permit, or a permit may be
revoked, for failure to comply with any of the beach regulations,
or with the lawful orders of municipal officials and employees.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No.
1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93]
Disrobing or changing of clothes by members of groups of 20
or more people must be done at bathhouses specifically identified
for that purpose in the beach area.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No.
1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93; Ord. No. 2180-15]
Any bus or similar conveyance used by groups of 20 or more people must be parked at a designated municipal parking lot. A parking fee as stated in Chapter 16, Fees, shall be charged for each bus parking in the municipal parking lot.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No.
1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93]
Chaperones for children shall be provided as follows:
[Amended by Ord. No. 1745-98 § 2; Ord. No. 1814-2000 § 2; Ord. No. 1845-2001 § 1; Ord. No. 1874-02 §§ 10 — 13; Ord. No. 1906-03 § 2; Ord. No. 1926-04 § 1; Ord. No. 1970-06 § 3; Ord. No. 1972-06 § 1; Ord. No. 2002-07 § 1; Ord. No. 2027-08 §§ 10, 11; Ord. No. 2173-15; Ord. No. 2180-15; 5-17-2021 by Ord. No. 2346-21; 5-2-2022 by Ord. No. 2369-22]
a.
The Borough of Manasquan operates 5 pay-to-park Municipal Beach Parking
Lots during the Summer Beach Season.
b.
Summer Beach Season. The Summer Beach Season shall run
from the Saturday of Memorial Day weekend through Labor Day.
c.
Standard Operating Hours. Pay-to-park hours in all Municipal
Beach Parking Lots shall be from 9:00 a.m. through 5:00 p.m. Monday
through Sunday except as noted in paragraph 12-11.1j below.
d.
Municipal Beach Parking Lots. The Municipal Beach Parking
Lots are identified as Second Avenue Parking Lot - Zone #91500, Third
Avenue Parking Lot - Zone #91501, Fourth Avenue Parking Lot - Zone
#91502, Pompano Avenue Parking Lot - Zone #91503, and the Sea Watch
Beach Parking Lot - Zone #91504.
e.
Season Parking Permits. A limited number of Season Parking
Permits shall be made available for purchase from the Borough, on
a date(s) determined by the Borough Council, prior to the start of
the Summer Beach Season, on a “first come, first served basis”.
The Borough Council shall have the authority, by resolution, to establish
a discount rate for Season Parking Permits.
1.
A Season
Parking Permit shall be valid for the entire Summer Beach Season and
the holder of a Season Parking Permit may utilize any Municipal Beach
Parking Lot whenever space is available.
2.
A Season
Parking Permit shall be issued to the owner of a registered vehicle
to allow parking of that vehicle; the license plate associated with
that registered vehicle shall serve as proof of the valid permit for
parking enforcement purposes.
f.
Daily Parking Permits. A Daily Parking Permit for parking
in the Beach Municipal Parking Lots during the Summer Beach Season
can be secured upon arrival at a Municipal Beach Parking Lot using
the pay-to-park Park Mobile™ payment system.
1.
Daily
Parking spaces cannot be reserved or paid for in advance.
2.
Once
paid for, parking for the registered vehicle shall only be valid in
the parking lot/zone associated with the mobile-pay purchase and the
license plate associated with that registered vehicle shall serve
as the proof of payment for that vehicle for parking enforcement purposes.
3.
The
Borough Council shall have the authority, by resolution, to suspend
the payment obligation for certain pay-to-park days during the Summer
Beach Season.
4.
The
Borough Council shall have the authority, by resolution, to deem certain
days that fall outside the Summer Beach Season (special events, etc.)
as pay-to-park and to set the associated fee for those days.
g.
Payment. Payment to park in the Municipal Beach Parking Lots
shall be required during the Summer Beach Season. Payment for Season
Parking Permits shall be made prior to the commencement of the Summer
Beach Season. Payment for daily parking shall be made daily through
use of the Borough’s pay-to-park ParkMobile™ payment system
utilizing a mobile cellular device. Suspension of the pay-to-park
requirement shall apply to certain groups as reflected in paragraph
k below.
h.
Fees. The Fee Schedule for Summer Beach Season paid parking in Municipal Beach Parking Lots can be found in Chapter 16, Fees.
i.
Sea Watch Parking Lot - Zone 91504. Only Season Parking Permit-holders
shall be permitted to park in the Sea Watch Parking Lot during the
Summer Beach Season. Daily parking is not permitted in the Sea Watch
Parking Lot - Zone 91504.
j.
Exceptions to Standard Operating Hours.
1.
Second Avenue Parking Lot - Zone #91500; Recreation parking. The pay-to-park requirement in the northwest portion of the Second
Avenue Parking Lot - Zone #91500 (the area immediately adjacent to
the National Guard Training Center property) shall be suspended when
deemed temporarily warranted by Borough staff. This suspension of
the pay-to-park obligation shall apply to participants and spectators
of recreation activities taking place in the Second Avenue recreation
complex (Little League field, skate facilities). Appropriate notice
will be provided and/or signage posted in the lot identifying the
area where and when this exception will apply. This exception, does
not apply to beach attendance or any other non-recreation parking.
2.
Third Avenue Parking Lot-Zone # 91501. On Sundays pay-to-park
hours in the Third Avenue Parking Lot - Zone #91501 shall be from
11:30 a.m. through 5:00 p.m. On Fridays and Saturdays pay-to-park
hours shall be from 9:00 a.m. to 12:00 a.m.
3.
Fourth Avenue Parking Lot-Zone #91502. On Fridays and Saturdays,
pay-to-park hours in the Fourth Avenue Parking Lot - Zone 91502 shall
be from 9:00 a.m. to 12:00 a.m.
4.
Pompano Avenue Parking Lot-Zone #91503. On Fridays and Saturdays,
pay-to-park hours in the Pompano Avenue Parking Lot - Zone 91503 shall
be from 9:00 a.m. to 12:00 a.m.
k.
Suspension of Pay-to-Park Requirement for Certain Groups.
1.
Manasquan Beach Employees While Working. Members of the Manasquan
Beach Staff shall be permitted to park the registered vehicle reported
on their employment application in the Fourth Avenue Parking Lot -
Zone #91502 or the Pompano Avenue Parking Lot-Zone #91503 free of
charge while they are working.
2.
Fourth Avenue Marina Boat Slip Lessors. Lessors of Fourth
Avenue Marina boat slips shall be permitted to park the registered
vehicle reported on their boat slip lease free of charge in the Fourth
Avenue Parking Lot - Zone #91502 when parking related to their boating
activities.
3.
Volunteer Manasquan Fire Company and Manasquan First Aid Squad Members. Qualified members of the volunteer Manasquan Fire Companies and
the volunteer Manasquan First Aid Squad shall be awarded one season
parking permit free of charge pursuant to the parameters of Manasquan
Borough Ordinance 2005-07 Sec. 6.
l.
Parking Prohibited Certain Hours.
1.
No person
shall park any motor vehicle in the Municipal Beach Parking Lots at
Second Avenue - Zone 91500, Third Avenue - Zone 91501, Fourth Avenue
- Zone 91502, Pompano Avenue - Zone 91503 and Sea Watch - Zone 91504
between the hours of 2:00 a.m. to 6:00 a.m. from October 1 through
April 30.
2.
No person
shall park any motor vehicle in the Sea Watch Beach Parking Lot -
Zone 91504 between the hours of 12:00 a.m. to 7:00 a.m. from May 1
to September 30.
[Ord. No. 2132-13; Ord. No. 2180-15; Ord.
No. 2224-2017; amended 8-2-2021 by Ord. No. 2362-21]
a.
Locker permits for Sea Watch Beach.
1.
Individuals may purchase a season permit for use of a locker at Sea
Watch Beach and shall be valid from May 15th through September 30th
in the year issued. The Borough of Manasquan shall not be responsible
for any personal property of the permit holder. All personal property
must be removed by September 30th in the year issued. If the permit
holder fails to remove their personal property by that date, then
the personal property shall become the property of the Borough of
Manasquan.
|
Beach Preservation and Protection
|
[1972 Code § 47-27; Ord. No. 89-1488]
It has been clearly demonstrated that well established and protected
sand dunes, together with properly maintained beach and dune areas,
are an effective protection against high tides and flooding, and against
property damage by the ocean under storm conditions, and provide desirable
protection of the coastal areas adjacent thereto, and the State of
New Jersey, along with its political subdivisions and their inhabitants
have an interest in the continued protection and preservation thereof,
and in the restoration of them in the event of property damage or
destruction.
The developed coastal area of New Jersey, including developed
barrier islands and adjacent shorefront areas, represent a unique
and invaluable social, economic, recreational, and aesthetic resource.
Given the present degree of commercial and residential development
in these areas, given the measurable and intangible benefits that
accrue to the residents of the State of New Jersey and the public
at large from the beach, boating, fishing, and vacation facilities
that this diversely developed coastal area offers and given the present
extensive knowledge of the protective and restorative nature of beach
nourishment, dune creation, dune restoration and other selected coastal
engineering programs, it is hereby declared that it is appropriate,
essential, feasible, and in the public interest to preserve, protect,
and enhance these coastal regions in their developed state.
It is the 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 for the protection of persons
and property.
[1972 Code § 47-28; Ord. No. 89-1488]
Shall include either natural or artificial land. Natural
accretion is the buildup of land, solely by action of the forces of
nature, on a beach by deposition of waterborne or airborne material.
Artificial Accretion is a similar buildup of land by reason
of an act of man, such as the accretion formed by a breakwater or
beachfill, deposited by mechanical means.
Shall mean gently sloping, unvegetated areas of sand or other
unconsolidated material that extends landward from the mean high water
line to where there is a marked change in the material of physiographic
form i.e., a. dune; or b. beach walkway.
Shall mean a wind or wave deposited formation of vegetated
or drifting wind-blown sand, generally parallel and landward between
the inland limit of the beach and the foot of the most inland dune
slope, including primary, secondary, and tertiary dunes where they
exist. Formations of sand immediately adjacent to beaches that are
stabilized by retaining structures, such as snow fences, planted vegetation,
and other measures are considered to be natural dunes, regardless
of the degree of modification of the dune by wind or wave action or
disturbance by development.
A dune shall not include loose, wind-blown sand found in
a street, on part of a structure, or against any structure such as
comfort stations, lifeguard tents, pavilions or the beach walkway,
as a result of wind or storm activity.
Shall mean an area located seaward of the beach walkway delineating
a beach zone presently without dunes. The width of the DDD district
will extend an average of 50 feet from the boardwalk line toward the
ocean. Placement of fence and planting of vegetation will be completed
in an effort to trap wind-blown sand and develop a dune. The DDD district
is considered to have dynamic boundaries which moves in response to
seasonal winds and storms. Consequently, the boundaries of the DDD
district will be reviewed every 12 months and following any storm
which damages large portions of the district. The boundary review
process will be conducted by the Borough Council, Department of Public
Works and representatives of the New Jersey Department of Environmental
Protection, Division of Coastal Resources.
Shall mean the wearing away of land by the action of natural
forces. On a beach, the carrying away of beach sediments by wave action,
tidal currents, littoral currents and wind.
Shall mean the 1929 Datum established by the United States
Coast and Geodetic Survey or, such other datum as may be established
by the United States Army Corps of Engineers or other properly authorized
agencies.
Shall mean natural persons, partnerships, firms, associations,
and any receiver, trustee, conservator, or other officer appointed
pursuant to law or by any Court, State or Federal. "Person" shall
also mean the State of New Jersey, counties, municipalities, authorities,
other political subdivisions, and all departments and agencies within
the aforementioned governmental entities.
Shall include the term snowfence and shall mean a barricade
established in a line or pattern to accumulate sand and aid in the
formation of a dune. It shall include, and normally be limited to,
the commercial variety of light, wooden picket fence and held together
by wire and secured by posts.
Shall mean that area which extends from the mean high water
line to the seaward toe of the dune, as hereinbefore defined.
[1972 Code § 47-29; Ord. No. 89-1488]
a.
Within shorefront protection areas, no person shall undertake or
cause to be undertaken any activity including the construction relocation,
reconstruction, modification, expansion, or demolition of any temporary,
mobile or permanent structure, except, upon the approval of the Borough
Council.
[1972 Code § 47-29; Ord. No. 89-1488]
The following uses may be permitted:
a.
Open space, beach or water recreation.
b.
Beach walkways to permit access across the dunes to the beach, without
damage to the dunes themselves.
c.
Sand fences and dunes to encourage the accumulation of sand.
d.
Pavilions or similar small platforms less than 400 square feet in
area, provided that they do not have solid walls, are mounted on suitable
pilings, and provided further that it shall be established to the
satisfaction of the Borough Engineer that the proposed design and
construction methods as applied to the particular site situation and
time will not:
e.
Necessary buildings and structures for public safety and convenience,
including infrastructure, first aid stations, lifeguard stations,
beach walkways and attached buildings, comfort stations, piers, dune
walkover structures and related activities.
f.
Necessary shorefront protection and stabilization improvements, including
groins, bulkheads, and activities related to beach restoration projects.
g.
The operation of specially permitted and licensed vehicles for public
safety and maintenance purposes only, and any other activities deemed
necessary by the Borough.
[1972 Code § 47-29; Ord. No. 89-1488]
Landward of dune areas, a property owner may remove clean wind-blown
sand which must be deposited eastwardly of his property line and beach
walkway.
[1972 Code § 47-29; Ord. No. 89-1488]
Within the "dunes" and "dune development district" areas, the
following activities are prohibited:
a.
The operation of any motor vehicle except in designated access ways.
b.
The removal of sediment and native vegetation.
c.
Placement of nonliving trees, brush, shrubs or other debris.
d.
Pedestrian or vehicular traffic on or over dunes or sand fencing,
except in designated access ways.
e.
Removal, mutilation, or destruction of sand or sand fencing unless
removal is part of an authorized dunes maintenance activity.
[1972 Code § 47-29; Ord. No. 89-1488]
Within the "shore front" protection areas or the Dune Development
District, unless otherwise controlled elsewhere in this section, no
person shall undertake or cause to be undertaken a regulated activity
hereinafter defined until he has applied for and received a permit
issued by the Borough.
[1972 Code § 47-30; Ord. No. 89-1488]
a.
Regulated activities shall mean and include:
1.
The construction, relocation, modification, expansion, or demolition
of any temporary, mobile or permanent structure subject to applicable
building standards.
2.
The removal, excavation, filing, or deposition of any soil, mud,
sand, gravel, or other material except as noted hereinafter.
3.
The construction, reconstruction, or major repair of any public facilities,
including but not limited to roads, sewers, bridges, electric power,
telephone, gas, and water lines.
4.
The construction of pipelines and other lineal development.
5.
The designation and development of accessways and pedestrian paths
and walkways through dunes.
6.
Beach cleaning and various activities of maintenance.
b.
Regulated activities shall not mean or include:
1.
The operation of motor vehicles by government agencies for public
safety, beach maintenance, and emergency purposes.
2.
The operation of motor vehicles outside of beach and dune areas.
3.
The repair of any existing structure provided it is authorized by
a construction permit and does not conflict with any ordinance as
herein stated.
4.
The removal of sand from designated driveway or accessways within
the shorefront protection area, with the exception of sand removal
from the beach walkway.
5.
Any sand deposited by action of wind or water on private and/or public
properties landward of the dune area may be removed but must be deposited
seaward of the bulkhead line and/or beach walkway.
[1972 Code § 47-31; Ord. No. 89-1488]
In addition to the penalties stated in Chapter 1, Section 1-5, the Manasquan Beach Patrol, Construction Official, Police Department or other duly authorized officers or employees are hereby empowered to pursue such legal and equitable relief as may be necessary to abate any violation or enforce any conditions of Section 12-20.
[1]
Editor's Note: Former Section 12-25, Permits (Storage of Sailboats
or Municipal Beachfront) previously codified herein and containing
portions of Ordinance Nos. 1875-02 and 1970-06 was repealed in its
entirety by Ordinance No. 2027-08.
[1]
Editor's Note: Former Section 12-26, Rules and Regulations
for the Storage and Use of Sailboats on the Municipal Beachfront,
previously codified herein and containing portions or Ordinance Nos.
1875-02 and 1970-06, was repealed in its entirety by Ordinance No.
2027-08.
