Editor's Note: The power to regulate bathing apparel,
to provide beach regulations, lifeguards and to regulate waterways
and boating is contained in N.J.S.A. 40:48-1.
[1966 Code § 5-1.2; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to appear or travel on any
street, avenue, highway, road, public place, store or business located
in or within the business zone of the Borough of Belmar, as described
in the Zoning Regulations of the Borough, in a bathing or swimming
suit or costume, trunks or bathing or swimming apparel, unless that
person shall wear some proper outer wrap or garment over the bathing
or swimming apparel while in the above-designated areas.
[1966 Code § 5-1.2; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to appear or travel on any
street, avenue, highway, road, boardwalk, beach, beachfront or waterway
located in the Borough, or to appear in any public place, store, or
business in the Borough in a state of nudity. A person shall be found
in a state of nudity when his/her clothing or absence of clothing
exposes to public view a person's anus, genitals, pubic area or female
breasts below a point immediately above the top of the areola.
[1966 Code § 5-1.3; Ord. No. 1991-1 § 16]
a.
No person shall disrobe or dress or undress or change his or her
clothes on the beachfront or on the boardwalk or in the waters adjacent
thereto, or in the open on any public or private place, lot or premises,
highway, road or street in the Borough.
b.
No person shall remove or lower any part of his or her bathing attire
while on the boardwalk or the beachfront or in the water adjacent
thereto.
c.
No person shall at any time undress or change his or her clothes,
or don beach or wearing apparel in any automobile, truck or other
vehicle located on any public or private highway, road or street,
or any public or private lot or premises in the Borough.
[1966 Code § 5-1.4; Ord. No. 1991-1 § 16]
No person shall at any time use any automobile, truck or other
vehicle located on any public or private highway, road or street,
or any public or private lot or premises in the Borough for sleeping
or living purposes.
[1966 Code § 5-2.1; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1]
The Belmar Beachfront Utility is hereby created and established
for the purpose of regulating, maintaining, and controlling the Borough's
beachfront operations and keeping and maintaining appropriate records
of beach operation expenses, as defined in N.J.S.A. 40:61-22.20, of
the setting of beach admission fees. The supervision and control of
the beachfront utility is hereby allocated to the Department of Finance.
[1966 Code § 5-2.2; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1]
a.
Closing Dates. For the protection of the general public and for the
control of the beachfront of the Borough, no person shall be permitted
upon the beachfront of the Borough during the dates that it is closed
to the general public, as designated in each year by resolution of
the Borough Council as hereinafter set forth, except upon payment
of certain fees and after registration as hereinafter provided. Each
year the Borough Council shall designate by resolution the closing
period of the beachfront and the various beaches of the Borough to
the general public and to residents of the Borough and others.
b.
Protected Areas. By resolution, the Borough Council shall designate
the protected bathing beaches where flags, boats and lifeguards are
to be provided by the Borough and from which beaches persons may bathe
or swim.
c.
Picnic Areas. The area between the foot of First Avenue and the highwater
mark of Shark River and the Atlantic Ocean may be used as a picnic
beach, if so designated by the Borough Council by resolution. At no
time shall any bathing or swimming be permitted from this beach, and
all persons using the same during regularly designated bathing hours
on any day shall have either daily or seasonal registration badges
as hereinafter prescribed.
[1966 Code § 5-2.3; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 2008-12 § I]
Every person wishing to obtain a season badge for entering upon
and using the beachfront of the Borough, whether for the purpose of
using the water adjacent thereto for bathing or swimming or otherwise,
as required by this Chapter, shall, before entering upon and using
the same register with the duly authorized employees or agents of
the Borough engaged for that purpose by giving his or her name and
address locally and his or her permanent residence, and such other
information as may be required by the Mayor and Borough Council or
its authorized representatives. At the time of registration, the number
of the badge, check or other insignia shall be entered opposite the
registrant's name and address for ready identification of the registrant
in case of accident, sickness or death, or for other reasons of health,
safety and welfare, or for the return of lost badges which have be
recovered by the Borough.
[1966 Code § 5-2.4; Ord. No. 1991-1 § 16; Ord. No. 2008-12 § I]
Each and every person entering upon and using the beachfront
of the Borough, whether for the purpose of using the water adjacent
thereto for bathing or swimming or otherwise, shall obtain and display
a badge, check or other insignia, which badge, check or other insignia
shall be numbered or marked for identification purposes and which
shall be worn by the person conspicuously so that it shall be visible
at all times and shall be exhibited at all times on demand to the
beach inspectors, the gate tenders or the Police of the Borough.
[1966 Code § 5-2.5; Ord. No. 1990-19 § 1; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 1992-29 § 1; Ord. No. 1993-11 § 1; Ord. No. 1995-04 § 1; Ord. No. 1996-06 § 1; Ord. No. 2001-03; Ord. No. 2001-13; Ord. No. 2003-10; Ord.
No. 2004-13; Ord. No. 2005-15 § 1; Ord. No. 2006-08 § I; Ord. No. 2006-24 § I; Ord. No. 2008-12 § I; amended 2-5-2019 by Ord. No. 2019-02; 12-1-2020 by Ord. No. 2020-41; 4-5-2022 by Ord. No. 2022-07]
The fees or charges for the above required badges, checks, or
other insignia to be obtained to enter upon and use the beachfront
of the Borough and for the rental of storage lockers shall be as follows:
a.
Season badges, for entry at any time during the dates when a fees
is required, per person ages 14 through 64, unless otherwise designated
below: $70.*
*All persons who purchase a season badge or senior citizen season
badge and pay via credit card shall be responsible for paying the
credit card processing fee presented at time of purchase.
b.
Senior citizen season badges, for entry any time during the dates
when a fee is required, per person 65 years of age or over: $30.*
*All persons who purchase a season badge or senior citizen season
badge and pay via credit card shall be responsible for paying the
credit card processing fee presented at time of purchase.
c.
Daily badges, for entry on any one calendar day during the dates
when a fee is required, per person, per day: $10.
d.
Disabled individuals, who meet the disability criteria for disability
benefits under Title I of the federal Social Security Act (42 U.S.C.
401 et seq.) and who possess adequate proof of the same issued by
the Social Security Administration, for entry anytime during the dates
when a fee is required, per person for a seasonal badge: $30
e.
All veterans, with proper identification, and active military, including
but not limited to the New Jersey National Guard, Coast Guard and
all United States Armed Forces branches and their dependents: No Charge.
f.
The appointing authority, by resolution adopted by the Borough Council,
may be authorized to develop and approve promotions consisting of
free or discounted daily and/or season beach badges, including but
not limited to, special promotions in concert with the Belmar Business
Partnership, Inc., and the Special Events Committee of the Borough
of Belmar.
g.
Seasonal badges shall be sold during the time established by the
Borough Council by resolution.
h.
Beach storage locker fees.
[Amended 2-19-2019 by Ord. No. 2019-03; 5-23-2023 by Ord. No. 2023-08]
1.
Storage
lockers, for seasonal rental (Friday prior to Memorial Day through
September 15) payable at the time of agreement execution.
i.
To encourage public access to the beaches, the Borough Council may
by resolution authorize free admission or special admission at discount
prices for authorized concessionaires or program organizers and their
employees providing services to the public on the beach or for participants
or spectators at special beach events, programs or promotions authorized
by resolution by the Borough Council.
j.
The Borough Council shall designate from time to time, by resolution,
revised beach badge fees and said resolution shall be on file in the
office of the Borough Clerk.
k.
Exemptions from fees for beach badges.
[Added 7-23-2019 by Ord.
No. 2019-24]
1.
Exemptions.
(c)
Persons in active military service in any of the Armed Forces
of the United States and to their spouse or dependent children over
the age of 12 years;
(d)
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 subsection,
"initial active duty training" means combat training and advanced
individual training, for members of the New Jersey Army National Guard;
(e)
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; and
(f)
Persons holding a driver's license or identification card with
a Gold Star Family designation issued pursuant to Section 1 of P.L.
2013, c. 165 (N.J.A.C. 39:3-10f6) or Section 2 of P.L. 1980, c. 47
(N.J.A.C. 39:3-29.3), respectively.
2.
A person who qualifies for free access to beaches and bathing and
recreational grounds and free use of bathing and recreational facilities
pursuant to this subsection may, in lieu of obtaining and presenting
a municipal beach tag or similar admission pass to gain such access
and use, present a valid military identification card, form DD-214
or similar document, or state driver's license or identification card
indicating that the holder is a veteran of the Armed Forces of the
United States or a Gold Star Family member.
3.
For veterans requesting free beach access the following forms of
identification include, but are not limited to:
(a)
Department of Defense Form 214, Certificate of Release or Discharge
from Active Duty (DD 214);
(b)
A state driver's license with veteran's status designation;
(c)
A U.S. Department of Veteran's Affairs identification card;
and/or
(d)
A state, county, and/or local government issued veteran's identification
card.
[1966 Code § 5-2.6; Ord. No. 1991-1 § 6]
All revenues derived from the fees and charges collected by the Borough pursuant to Subsection 18-2.5 and from other beach-related sources are hereby dedicated to the payment of all direct and indirect beach-related expenses, as defined and set forth in N.J.S.A. 40:61-22.20, the provisions of which are incorporated herein. All income and expenses shall be kept separate and apart from the municipal budget and shall be deposited in a separate beachfront utility fund as provided in N.J.S.A. 40:4-33, et seq. To the extent permitted by law, beach-related expenses incurred by the Borough shall be charged to and paid by the utility. The appropriate officials and employees of the Borough shall adopt accounting procedures consistent with this section and with State law for the purpose of operating the beachfront utility.
[1966 Code § 5-2.7; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 1994-21 § 2; Ord. No. 1995-06 § 1; Ord. No. 1996-09 § 3; Ord. No. 2000-14 § III; Ord. No. 2001-10; Ord. No. 2001-31; Ord. No. 2002-07; Ord.
No. 2004-01; Ord. No. 2005-26 § I; Ord. No. 2008-20 § I; Ord. No. 2009-04 § I; Ord. No. 2011-05 § II; Ord. No. 2014-08; Ord. No. 2017-19]
In addition to the rules and regulations hereinafter enumerated,
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 and the waters
adjacent thereto. For purposes of this Chapter, the term "beachfront
area" shall mean all areas east of Ocean Avenue, including by way
of illustration and not limitation, the boardwalk, jetties, dunes,
beach plantings, the beach and waters immediately adjacent thereto.
Nothing herein shall be construed to limit the Borough of Belmar from
enforcing other applicable provisions of the Borough of Belmar Revised
General Ordinances, New Jersey State statutes or other applicable
laws.
The Borough Council is further authorized and empowered to suspend,
modify and/or supplement, by resolution, for a limited time the operation
of certain rules and regulations governing the beachfront and the
waters adjacent thereto in order to permit or facilitate special events,
activities, promotions or programs authorized by resolution of the
Borough Council. The following rules and regulations are hereby established.
a.
No person shall bathe or swim from the beachfront except from the
protected bathing beaches, as designated by flags, and where boats
and lifeguards are provided by the Borough, and only at such times
as the lifeguards are on duty.
b.
No person shall use or tamper with any boat or lifeguard equipment
without the permission of the beachfront director, the chief lifeguards,
or the Mayor.
c.
No tents, camping tents or canopies are permitted on the beachfront from the Friday of Memorial Day weekend to midnight on the Monday of Labor Day, except in conjunction with an authorized beach party permit under Borough ordinance Subsection 18-2.7aa. The only permitted shade devices on the beachfront from the Friday of Memorial Day weekend to midnight on the Monday of Labor Day shall be:
[Amended 6-5-2019 by Ord. No. 2019-21]
1.
Umbrellas with one central shaft/stanchion supporting the umbrella
canopy in an upright or adjustable tilted position up to 90° and
with a top no larger than six feet across; and
2.
Devices designed or used to shade known as beach popup tents or sun
shelters which are small and open on one side.
3.
The Police Department is authorized and directed to remove any tent
which is creating a hazard or unnecessary disturbance to others.
d.
(Reserved)
e.
Sleeping on the boardwalk, beach sand or any other public areas of
the beachfront is prohibited between the hours of 10:00 p.m. and 8:00
a.m., prevailing time. A finding or a plea of guilty to sleeping on
the boardwalk, beach sand or any other public areas of the beachfront
shall result in a minimum fine of $100.
f.
No person shall engage in surf fishing during such times as the lifeguards
are on duty.
[Amended 8-8-2023 by Ord. No. 2023-16]
g.
No person shall play baseball or engage in any type of ball playing
or throwing of a frisbee on the beachfront or in the water adjacent
thereto during bathing hours in any manner which creates a danger
or unreasonable inconvenience to others; provided, however, that all
such persons shall obey all direction from lifeguards and Police Officers
regarding such activities.
h.
No person shall engage in any type of rough athletics on the beachfront
or in the water adjacent thereto.
i.
No person shall be permitted to bring on the boardwalk or beach,
any tubs, barrels, coolers, cans or other containers with the capacity
to hold over four gallons of liquid, exclusive of fishing equipment.
j.
No person shall skin-dive upon the beachfront of the Borough or the
water adjacent thereto at any time during which the beaches are closed
to the public.
k.
No person shall throw or discard any bottles, cans, paper or other
refuse, including but not limited to, cigarette butts, cigar butts,
and other tobacco products, in any beachfront area, and all refuse
and paper and litter shall be placed in refuse containers provided
therefor. The penalty for violation of this section shall be $100
and two days community service.
l.
No dogs or other animals shall be permitted on the boardwalk or on
the beachfront or in the waters adjacent thereto, or upon any public
walk contained on the beachfront, except as allowed herein:
1.
Dogs that are wearing a valid and current license tag issued by a
municipality or government agency shall be permitted on the beach
in the area south of the Belmar Fishing Club pier at First Avenue
and extending southerly to the border of Spring Lake at North Lake
Drive, and in the waters adjacent thereto, from October 1 to April
30th during daylight hours; provided that the dog is accompanied by
an adult who is at all times in possession of a bag or other container
or device appropriate for the purpose of cleaning up after the dog,
and who shall be responsible for completely and immediately removing
and properly disposing of the dog's fecal droppings; and who shall
also be responsible for complying with all other applicable laws and
regulations.
2.
Dogs are permitted on the boardwalk only in and about the times enumerated in Subsection 1 above, for the limited purpose of entering or exiting the beach.
3.
The penalty for a violation and conviction of this section for a
first offense shall carry a minimum fine of $250, for a second offense
a minimum fine of $500, and for a third offense a court appearance
shall be mandatory and upon a third conviction a minimum fine of $1,000.
m.
No person shall ride bicycles, skates, skateboards, scooters, motorcycles
or motor vehicles of any type on the boardwalk or any of the public
walks adjacent thereto on any portion of the beachfront. However,
as a special exception to this section, bicycles may be ridden on
the boardwalks and public walks only between the hours of 6:00 a.m.
and 9:00 a.m., prevailing time, on any morning; and between the hours
of 6:00 a.m. and 6:00 p.m., prevailing time, from October 1st to April
30th. This section shall not apply to Firemen, First Aid Members,
Police Officers, Public Works and Sanitation Employees while on duty
or responding to an emergency. This section shall also not apply to
vehicles and trailers using the boardwalk vehicle ramp at Third Avenue
for purposes of lawfully transporting non-motorized watercraft or
motorized personal watercraft in accordance with the regulations set
forth in this Chapter.
n.
No person shall climb over, break, damage or deface any fence, railing,
enclosure or other Borough property on the boardwalk or the beachfront.
o.
No person, article or object shall be permitted to enter the beachfront
or beach area except through a publicly designated entrance.
p.
No person shall hawk, peddle, vend, sell, distribute, deliver or
offer for sale any goods, wares, product samples or merchandise on
any of the public beaches or beachfront of this Borough bordering
upon the Atlantic Ocean or Shark River. However, the prohibition of
these activities along the Shark River shall not apply to veterans
or exempt firemen possessing a valid license issued pursuant to N.J.S.A.
45:24-9 et seq.
No person shall hawk, peddle, vend, sell, distribute, deliver
or offer for sale any goods, wares, product samples or merchandise
on any public boardwalk in the Borough, except from a permanently
enclosed building, store or other structure located on the boardwalk
or in accordance with a permit granted by the Mayor and Council.
q.
No person shall solicit on a pamphlet or a flyer any trade or business
on any of the public beaches or beachfront of this Borough bordering
upon the Atlantic Ocean or Shark River. However, the prohibition of
these activities along the Shark River shall not apply to veterans
or exempt firemen possessing a valid license issued pursuant to N.J.S.A.
45:24-9 et seq.
No person shall solicit on a pamphlet or a flyer any trade or
business on any public boardwalk in the Borough except from a permanently
enclosed building, store or other structure located in said boardwalk.
r.
No person shall obstruct the flow of pedestrian traffic or other
activities on the boardwalk or beachfront area.
s.
No person shall bring, consume or possess any alcoholic beverage, malt alcoholic beverage or wine or any other intoxicating liquors on the beachfront or in the waters adjacent thereto or on the boardwalk, or in the Borough owned pavilions whether or not they are occupied by a concession lessee, except as specifically authorized by Chapter 17 Alcoholic Beverage Control of the Borough of Belmar Revised General Ordinances.
t.
Modeling or designing sand or upon any of the material upon the beachfront
is permitted provided that the same is removed and the area leveled
prior to leaving the area where such activities have occurred.
u.
No person shall model, draw or depict any obscene or rude figures
upon the beachfront.
v.
No person shall take or haul any beach sand or soil from the beachfront,
nor shall any person dig in the beachfront in such a manner as to
leave a depression of more than 12 inches deep in the surface of the
land.
w.
No person shall use surfboards, lifeboats or life rafts made of inflatable
or rigid or non-rigid material, or any other appliances or equipment,
whether made of inflatable or rigid or non-rigid materials, which
might cause injury to persons sitting, standing, walking, bathing
or swimming upon the beach, the sand, the beachfront or in the waters
adjoining thereto, except as follows:
Inflatable surf-mats made of a non-rigid material and not over
six feet in length may be used in such specific areas on the beach,
the sand, the beachfront, or in the waters adjoining thereto as are
so designated by Resolution of the Borough Council, and shall never
be taken into or used in or on a swimming or bathing area or beach
or waters as so designated by the Council.
Surfboards of the type approved by the National Surfing Association
and not exceeding 10 feet in length may be used only in such specific
areas on the beach, the sand, beachfront, or in the waters adjoining
thereto as are so designated by resolution of the Borough Council
and shall never be taken into or used in or on a swimming or bathing
area or beach or waters as so designated by the Borough continue.
x.
No person shall enter into the designated lifeguard area without
the permission of the lifeguard in charge, and no person shall molest,
bother or annoy the lifeguards in the performance of their duties.
y.
No person shall build, start, or make any fire on any portion of
the beachfront.
[Amended 5-7-2019 by Ord. No. 2019-09]
z.
(Reserved)
aa.
No beach parties shall be permitted on any portion of the beach except the beach designated in Subsection 18-2.2c, and except upon the issuance of a special permit from the Borough Clerk. Every permit shall be valid only for the single day indicated on the permit between the hours of 6:00 p.m. and 12:00 midnight. Applications for permits must be made to the Borough Clerk on forms promulgated by the Clerk. No permit shall be issued unless the applicant first submits to the Clerk: (1) a security deposit of $100, returnable only if there is no damage to the beach or any Borough property, and only if all trash and litter has been removed from the beach by the applicant; and (2) a certificate of insurance or other satisfactory proof that the applicant has obtained and paid for liability insurance against any and all claims for bodily injuries and property damage arising out of or in any way connected with the presence of persons on the beach during the party, which insurance must have a limit of liability of at least $500,000 and must name the Borough of Belmar as an insured. No swimming or bathing privileges shall be extended to any person attending a beach party, and no person attending a beach party shall bring onto the beach or the boardwalk any alcoholic beverages. In addition, the provisions of Subsection 18-2.7y shall apply to all beach parties.
bb.
From May 1 through September 30 of each year and between the hours
of 8:00 a.m. and 5:00 p.m., no person shall place bicycles, baby carriages
or any other vehicles upon the beachfront or boardwalk within 15 feet
of a publicly designated entrance to the beachfront unless placed
in a bike rack provided by the Borough. At all other times the same
shall not be placed so as to interrupt with safe and efficient access
to and from the beach.
cc.
No person shall, while on or using any portion of the beachfront
or while bathing or swimming in the waters of the ocean adjacent thereto,
annoy or molest any other person or persons, or utter any offensive
or indecent language or in any way act in a disorderly manner.
dd.
No gambling, gaming or wagering of any type shall be permitted at
any time on the beachfront or in the waters adjacent thereto.
ee.
No person shall bathe or swim in the Atlantic Ocean from the Belmar
beach at a distance greater than as directed by the lifeguard in charge.
ff.
No person shall be permitted to bring or have in their possession
on the beaches any glass containers of any type.
gg.
No dance floors or objects for use as a dance floor may be placed on the boardwalk or beaches for the purpose of public dancing, except in conjunction with: (1) an authorized beach party permit pursuant to Subsection 18-2.7aa; (2) an aerobics class offered by an authorized beach aerobics concessionaire of the Borough; or 3. a special event, activity or program authorized by resolution of the Borough Council.
hh.
No person shall be permitted to play or operate any device that emits a sound amplification in excess of 65 dB(A) at the source on any section of the boardwalk or beach. No component TV, radio, stereo or electric equipment for the purpose of reproducing TV, radio, or recorded sound or electronic musical instruments are permitted except in conjunction with an authorized beach party permit pursuant to Borough ordinance Subsection 18-2.7aa.
ii.
No radio, phonograph, tape, or cassette player, television, musical
instrument, loudspeaker or amplifier, or other machine or device for
the electronic or stereophonic production or reproduction of sound
may be permitted on the boardwalk or beachfront unless equipped and
operated only with headphones.
jj.
No person shall smoke any cigarettes, cigars, or other tobacco products
in the beachfront area at any time. In addition thereto, no person
shall smoke cannabis other cannabis based products as defined by P.L.
2021, c. 16, commonly known as the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act" (the "Act"),[1] in the beachfront area at any time. The penalty for violation
of this section shall not exceed $200.
[Amended 2-19-2019 by Ord. No. 2019-04; 5-18-2021 by Ord. No. 2021-09]
1.
"Smoking"
means the burning of, inhaling and exhaling the smoke from, or the
possession of a lighted cigar, cigarette, pipe, vaporizer, or any
other matter or substance which contains tobacco, cannabis, or any
other matter that can be smoked, or the inhaling or exhaling of smoke
or vapor from an electronic smoking device.
[1]
Editor’s Note: See N.J.S.A. 24:6I-31 et seq.
kk.
Except on beaches from and including Seventh Avenue northward in an area within 100 feet of the boardwalk on said beaches, no person shall place upon the beachfront or waters adjacent thereto any volleyball net, basketball hoop, goal posts or other sports apparatus or structures except in conjunction with an authorized beach party permit pursuant to Borough Ordinance Subsection 18-2.7aa.
[Added 8-8-2023 by Ord. No. 2023-16]
[1966 Code § 5-2.8; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1]
The Borough Council reserves the right to cancel forthwith any
privilege, badge, tag, insignia or check granted or extended to any
person, for violation of any provision of this section. Such cancellation
shall not preclude the imposition of any other penalties provided
for violations of this section.
[1966 Code § 5-2.9; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 1994-21 § 2]
Any person losing his/her badge shall lose any rights and privileges
under that badge and shall reapply for a new badge, paying the necessary
seasonal or daily fee as the case may be. No replacement badges shall
be issued at any time.
[1966 Code § 5-2.10; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 1999-06 § 5]
Notwithstanding any beachfront rules and regulations to the contrary, certain watercraft shall be permitted to be placed upon and/or transported across the beach, and used in the waters adjacent to the Borough's beach, subject to the restrictions, conditions and limitations set forth in this § 18-2.10:
a.
Non-Motorized Watercraft. Non-motorized watercraft, which shall for purposes of this Chapter be defined to include non-motorized sailboats, kayaks, surfboats, catamarans and mono-hull sailboats that do not exceed 20 feet in overall length, shall be permitted to be launched, landed and operated in the area of water adjacent to the beach north of Third Avenue that shall be designated by signs, flags and/or buoys for that purpose. No catamaran, mono-hull sailboat or surfboat shall be permitted upon the Borough's beach unless a permit has been issued by the Borough pursuant to § 18-2.10e.
b.
Motorized Personal Watercraft. Motorized personal watercraft, which shall for purposes of this Chapter be defined to include the class of small, motorized, non-propeller driven personal watercraft known by such registered tradenames as Jetski, Skidoo and Waverunner, shall be permitted to be launched from, landed on and operated solely within the access channel located at Third Avenue beach and that is designated by signs, flags and/or buoys for that purpose. Motorized personal watercraft shall be permitted to operate within the access channel solely for the purpose of obtaining access to and from the open Atlantic Ocean which for purposes of this Chapter shall mean the area of the Atlantic Ocean that lies east of an imaginary line that connects the easternmost ends of the stone jetties that extend from the Borough's beaches. While within the access channel, motorized personal watercraft shall at all times proceed in a direct fashion to or from the open Atlantic Ocean and shall not operate at a speed in excess of 10 miles per hour. No motorized personal watercraft shall be permitted upon the Borough's beach unless a permit has been issued by the Borough pursuant to § 18-2.10e.
c.
Non-motorized watercraft and motorized personal watercraft are strictly prohibited from operating in the area between the open Atlantic Ocean as defined herein and the Borough's beaches, except within the areas designated by §§ 18-2.10a and 18-2.10b, respectively. In addition, non-motorized watercraft and motorized personal watercraft are prohibited from operating within 300 feet of the pier owned by the Belmar Fishing Club.
d.
All motorized personal watercraft and non-motorized watercraft may be transported onto the beach solely by means of the vehicle ramp located at Third Avenue. A trailer or dolly used to transport a non-motorized watercraft or motorized personal watercraft may be stored on the beach, in an area designated by the beachfront director, during the time the non-motorized watercraft or motorized personal watercraft that it was used to transport is on the beach or in the water. No non-motorized watercraft, motorized personal water-craft or trailer or dolly shall be stored or kept on the beach overnight, except as provided in § 18-2.10g.
e.
All motorized personal watercraft, catamarans, mono-hull sailboats
and surfboats shall be required to obtain a permit from the Harbor
Commission. No such permit shall be issued unless:
1.
The registered owner submits a written application to the Harbor
Commission, on forms prescribed by the Harbor Commission, setting
forth the name, address, and telephone number of the registered owner
of the watercraft and the type and registration number of the boat.
All applications must be signed by the registered owner.
2.
The applicant for a permit for a motorized personal watercraft shall pay an annual fee of $125. The applicant for a permit for a catamaran, mono-hull sailboat, or surfboat shall pay an annual fee of $25, except that in the case of catamarans and mono-hull sailboats that are to be stored on the beach pursuant to § 18-2.10g, the annual fee shall be as established in Subsection 18-4.3.
3.
The registered owner of the watercraft executes an indemnity agreement,
on a form to be provided by the Borough, indemnifying and holding
the Borough harmless with respect to any damage to or loss of the
watercraft and with respect to any and all claims and suits for property
damage and/or bodily injuries arising out of the ownership, use, maintenance
or operation of the watercraft.
4.
The registered owner submits a homeowner's policy, certificate of
insurance or some other acceptable proof that the registered owner
and, in the case of motorized personal watercraft, the Borough are
insured against liability for property damage and bodily injuries
arising out of the ownership, use, maintenance, and operation of the
watercraft in an amount not less than a combined single limit of $300,000.
|
All permits shall be issued on a first-come, first-served basis.
The Harbor Commission shall have the right, in his or her sole discretion,
to limit the number of permits that are issued for each class of watercraft.
No more than one permit shall be issued to any one person for each
class of watercraft, unless that person is a concessionaire authorized
by the Borough to lease or rent that class of watercraft. No person
may rent or lease any watercraft on a Borough beach or in the water
adjacent thereto, unless that person is a duly authorized concessionaire
of the Borough, and in that case only in conformance with the lease
agreement between the concessionaire and the Borough.
|
f.
No person shall operate any motorized personal watercraft or non-motorized
watercraft in a dangerous or reckless manner, or in a manner that
endangers the health and safety of others, or in a manner that could
reasonably be expected to put others in fear of imminent harm.
g.
Catamarans and mono-hull sailboats, for which a proper permit has been obtained pursuant to § 18-2.10e2 may be stored on the beach from May 15 through October 15 in an area prescribed by the Beachfront Director. All such catamarans and mono-hull sailboats must be properly secured and tied down.
h.
Operators of motorized personal watercraft and non-motorized watercraft
shall at all times comply with all directions of the lifeguards. The
lifeguards shall be authorized to prohibit motorized personal watercraft
and/or non-motorized watercraft from entering the water when prevailing
weather or water conditions warrant, as determined within the sole
discretion of the Chief of the Lifeguards. The lifeguards shall be
further authorized to limit the number of motorized personal watercraft
and/or non-motorized personal watercraft in the water when prevailing
weather or water conditions and/or the number of watercraft in the
water warrant, as determined within the sole discretion of the Chief
of the Lifeguards.
i.
Any person who violates any provision of § 18-2.10 shall, upon conviction thereof, be liable for a penalty of not less than $100 and not more than $1,000; except that any person who violates Subsection 18-2.10b while operating a motorized personal watercraft shall be liable for a penalty of not less than $250 and not more than $1,000. Any person who violates § 18-2.10f while operating a motorized personal watercraft shall be liable for a penalty of not less than $500 and not more than $1,000 all payable to the Belmar Municipal Court, Violations Bureau. The Judge of the Municipal Court may, within his/her sole discretion, require as an additional penalty for any violation of Subsections 18-2.10a, 18-2.10b or 18-2.10f that the Borough permit to bring the watercraft in question upon the Borough's beach be forfeited.
[Ord. No. 1992-11 § 1]
a.
Purpose. This section is adopted to regulate the dune areas between
the easterly side of Ocean Avenue and the beaches, which are vital
ingredients in the efforts of the Borough and of the State of New
Jersey to preserve and to protect the shoreline of this municipality
from erosion by wind and water.
b.
Definitions. As used in this section:
1.
DUNE AREAS – Shall mean those tracts of land beginning at a
point south of the Belmar Fishing Club and extending east of the boardwalk
a width of approximately 10 feet and a height of approximately three
feet above the level of the beach and a length extending approximately
3,000 feet to the north side of the Tenth Avenue Pavilion; from the
south side of the Tenth Avenue Pavilion approximately 800 feet to
the north side of the Thirteenth Avenue Pavilion (McDonald's); from
the south side of the Thirteenth Avenue Pavilion approximately 800
feet to the north side of the Sixteenth Avenue Pavilion; from the
south side of the Sixteenth Avenue Pavilion approximately 500 feet
to the north side of the Nineteenth Avenue Pavilion; from the south
side of the Nineteenth Avenue Pavilion approximately 400 feet to the
Borough boundary. Further, it is recognized that the dune areas are
not rigid as to the delineation thereof and, as a result of natural
forces, the dune areas may shift and migrate. It is the intention
of this definition to include such locations within this definition.
Further, this definition is also intended to encompass other areas
along the beachfront which either may be constructed or planted for
the purpose of preserving and protecting the shoreline.
2.
NATURAL VEGETATION – Shall include the terms "native vegetation"
or "indigenous." Specifically, it shall mean such plants as dune or
beach grass, dusty miller, hudsonia, sea rocket, seaside goldenrod,
bayberry or beach plum and other plants which normally grow or may
be planted in the dune areas as set forth above.
c.
Prohibitions.
1.
No person, firm or corporation shall place any structure or object
of any kind within the dune areas of the Borough;
2.
No person shall trespass by foot on or across the dune areas of the
Borough;
3.
No person shall operate any bicycle or motor vehicle of any kind
on or across the dune areas of the Borough;
4.
No person shall remove or destroy the natural vegetation, sand fences
or other types of dune protective devices in the dune areas of the
Borough.
d.
Exceptions. This section is not intended to prohibit the officers
and employees of the Borough and other authorized personnel from entering
into and upon the dune areas for the purpose of cleaning, maintenance,
repair, restoration and planting in order to preserve and to protect
the dune areas in the Borough.
e.
Violations. Any person, firm or corporation who shall violate any
of the provisions of this section shall, upon conviction thereof,
be subject to a fine of not more than the sum of $500, from one hour
to 50 hours of community service or a jail sentence of not more than
90 days or both in the discretion of the Judge of the Municipal Court
before whom the complaint is heard.
[1966 Code § 5-3.1; Ord. No. 1991-1 § 16]
This section is adopted to regulate the use and operation of
the Belmar Marina Area and the waters adjoining it, to set forth rules
and regulations providing for cleanliness of the area, its docks and
piers, and for the safety and comfort of persons using the same; and
to regulate the use and operation of watercraft in, on or along the
Belmar Marina Area and within any of the yacht basins in that area.
[1966 Code § 5-3.2; Ord. No. 1991-1 § 16]
The Belmar Marina Area is designated as all that area within
the municipal boundary west of State Highway Route No. 35, including
all waterways which may be subject to State or Federal regulations.
[1966 Code § 5-3.3; Ord. No. 1991-1 § 16; Ord. No. 2001-06; Ord. No. 2003-17]
For the purposes of this section:
Any boat or vessel carrying a group for hire or for commercial
purposes, by pre-arranged appointment or reservation through the owner
or captain. Single passenger bookings through outside entities are
prohibited.
[Amended 12-28-2020 by Ord. No. 2020-43]
Shall mean any boat or vessel carrying passengers for hire
or for commercial purposes by prearranged appointment or reservation
which are not primarily used for fishing.
Shall mean any boat that is not greater than 16 feet in length
and that is designed and constructed to be powered primarily by the
use of one or more sails.
Shall mean any boat or vessel which operates for hire or
for commercial purposes on a fixed or regular schedule and is open
to the general public.
Shall mean any ship, vessel, boat, motorboat, or other vehicle
when used on water, including seaplanes when not airborne, and any
contrivance, vehicle, object, vessel or matter that can be used both
in water and on land, or in water and in air, or any combination of
these uses.
Shall mean that area of Shark River which is westerly of
State Highway Route No. 35 and the Shark River bridge on that highway,
within the boundary lines of the Borough.
[1966 Code § 5-3.4; Ord. No. 1991-1 § 16]
No person shall operate in the Belmar Marina Area any watercraft
unless properly licensed as required by applicable State and Federal
laws and regulations.
[1966 Code § 5-3.5; Ord. No. 1991-1 § 16]
The regulations herein set forth shall apply to the use of the
above-designated waterways within the Borough and the use and operation
of watercraft in that area.
[1966 Code § 5-3.6; Ord. No. 1991-1 § 16]
a.
No person shall operate any watercraft in a reckless manner or at
any excessive rate of speed so as to endanger or be likely to endanger
the life or property of any person, and all watercraft shall be operated
with due regard for the presence of other boats or persons, or other
objects in or on the waterway.
b.
No person shall operate any watercraft in the waterway at a rate
of speed which causes waves of a magnitude to damage docks, wharves,
seawalls, or watercraft moored to docks or wharves along said waterway.
c.
No person shall operate any watercraft at a speed in excess of six
miles an hour in the Federal Channel of the waterway, and at a speed
in excess of three miles an hour within any of the yacht basins in
the Belmar Marina Area, or any other place of similar concentration
of craft within that area, except in cases of fire or extreme emergency.
The limitation on speed prescribed by this section shall not apply
to seaplanes in the process of landing or taking off in proper prescribed
areas.
[1966 Code § 5-3.7; Ord. No. 1991-1 § 16]
a.
No person shall operate in the Belmar Marina Area any watercraft
which does not meet all applicable equipment requirements of the United
States Coast Guard.
b.
No person in charge of any watercraft in operation in the waterway
or moored at any wharf, dock, pier or area in the waterway shall allow
the same to operate or remain during the nighttime unless properly
lighted in compliance with any applicable United States Coast Guard
regulations.
c.
No person operating any watercraft in the waterway shall use searchlights
indiscriminately or in such a manner as to annoy or disturb other
persons on land or water or any other watercraft.
d.
No person shall run or operate any watercraft engine for the purpose
of charging batteries, running auxiliary equipment or testing, between
the hours of 12:01 a.m. and 6:30 a.m., prevailing time, in any day.
e.
No person shall operate watercraft with an outboard or inboard motor
unless the same is equipped with an adequately muffled exhaust.
f.
No person shall use any bell, siren or other noise-producing or noise-amplifying
instrument on any watercraft in such a manner that the peace and good
order of the neighborhood is disturbed; provided however, that nothing
herein shall be construed to prohibit the use of whistles, bells or
horns as signals as required by any Federal or State law for the safe
navigation of watercraft.
g.
No watercraft shall be moored in any channel, except at the edge
thereof, and in no case closer than 50 feet to channel markers, and
in no way to interfere with the full use of the channel by others;
nor shall any watercraft be moored to any private or public seawall,
dock or beach without the permission of the owner or lessee thereof.
h.
No person shall operate any watercraft while under the influence
of intoxicating liquor, narcotics, drugs or opiates.
i.
No person shall operate any watercraft in such a manner as to unjustifiably
or unnecessarily annoy, frighten or endanger the occupants of any
other watercraft, or throw up a dangerous wake when approaching another
watercraft or any dockage area.
[1966 Code § 5-3.8; Ord. No. 1991-1 § 16; Ord. No. 1999-06 § 6]
a.
No signs of any type, kind or description shall be placed or maintained
upon any vehicle, private or commercial, parked in the Belmar Marina
Area. Lettering of ownership upon the vehicle itself shall not constitute
a sign.
b.
No watercraft shall exhibit signs which advertise any product or
service. Commercial party-boats may have one sign describing their
facilities and prices but not containing any other advertisement,
to be approved by the Harbor Commission and to be installed only where
designated.
[1966 Code § 5-3.9; Ord. No. 1991-1 § 16]
a.
No commercial vehicle or busses shall be parked in the Belmar Marina
Area except in specific area or areas designated by the Borough Council.
b.
Passenger vehicles may park only in the specific areas designated
for parking. No vehicles shall park within roadways laid out in the
Belmar Marina Area or within any fire or emergency area.
c.
Boat trailers and vehicles attached to the same shall be parked only
in specific areas designated for the same.
d.
All vehicles parked in any angle parking spaces, as indicated by
markings or signs, in the Belmar Marina Area shall be parked head
on in such spaces, such that the rear of the vehicle is closer to
the lane of travel from which entry to the parking space is made than
the front of the vehicle. The phrase "lane of travel from which entry
to the parking space is made" means that lane of travel providing
access to the parking space without requiring a vehicle to cross over
or pass through any other designated parking space or any area on
which vehicular traffic is prohibited.
[1966 Code § 5-3.10; Ord. No. 1991-1 § 16; Ord. No. 1995-06 § 2; Ord. No. 1996-12 § 1; Ord. No. 1999-06 § 6; Ord. No. 2002-07; Ord. No. 2014-15; amended 12-28-2020 by Ord. No. 2020-43]
a.
No person shall swim or skin-dive in any area of the waterway or
from any of its adjoining docks, piers or walls, or from or within
any portion of the Belmar Marina Area, except where specifically designated
for such use by the Borough Council.
b.
No person, except owners of watercraft moored on the low water docks
of the Belmar Marina Area, or their guests, shall be permitted on
the low water docks.
c.
No person shall fish or crab from any of the premises, docks, seawalls
or piers of the Belmar Marina Area except in such area or areas as
designated by the Borough Council. Within designated areas all fishermen
must clean up bait, refuse, trash and seaweed, leaving the pier and
dock or seawall clean.
d.
No person shall sell or clean fish on any dock, pier or seawall of
the Belmar Marina Area, or any other portion thereof, unless specifically
designated for such use by the Borough Council.
e.
No person shall hawk, peddle, vend, distribute, or deliver, any goods,
wares, fish, food products or merchandise of any type and kind in
any part of the Belmar Marina Area. No charter vessels can hawk or
peddle spots through outside entities including but not limited to
websites and social media platforms.
All such goods, products or merchandise shall be unloaded by
hand and moved by hand or by non-motorized cart to their final destination.
Nothing contained in this subsection shall be construed to prohibit
customers of commercial vessels or owners and passengers of pleasure
boats from unloading their vehicles in appropriately designated areas.
This subsection shall not be deemed to apply to municipal employees
or contractors acting on official business.
In the event of any emergency or other special circumstances,
the Superintendent of Public Works or designee may authorize the delivery
of any service and/or part(s) at an appropriate location and time.
f.
No person shall grind chum in any part of the Belmar Marina Area
except in the area designated for such use by the Borough Council.
g.
Designations of areas for permitted or prohibited uses to be made
by the Borough Council as required by the provisions of this section
shall be made by appropriate resolution of that body.
h.
No person shall at any time use any watercraft within the harbor
area for sleeping or living purposes from November 1 to April 1 of
the following year, both dates inclusive; except that the Superintendent
of Public Works or designee may authorize the temporary use of any
watercraft for sleeping purposes if: (1) it is necessary in the opinion
of the Superintendent of Public Works or designee for the safety and
preservation of the watercraft; and (2) the temporary use for sleeping
purposes by transient watercraft fully equipped for no more than two
nights.
i.
No person shall smoke any cigarettes, cigars or other tobacco products
in the beachfront area known as L Street Beach at any time, including
the boardwalk area at L Street Beach. The penalty for violation of
this section shall be $25.
[1966 Code § 5-3.11; Ord. No. 1991-1 § 16]
The provisions of this section shall not be construed to prohibit
the running of racing or exhibition watercraft, muffled or unmuffled,
during a publicly announced and properly supervised and adequately
patrolled regatta or speed trial or exhibition having proper authorization
in writing from the Borough Council as to the area to be utilized
for those purposes.
[1966 Code § 5-3.12; Ord. No. 1991-1 § 16]
a.
No person shall litter or dump refuse on any dock, pier or seawall
of the Belmar Marina Area, or any portion thereof, nor shall any garbage,
paper, bottles, cans, refuse, trash or debris be dumped or thrown
into the waterway or any portion of that area.
b.
All persons in charge of or occupying any watercraft shall at all
times keep docks, piers, seawalls and premises adjacent to such watercraft
in a neat and orderly manner and free from all trash, rubbish, repair
parts, machinery, equipment and debris of all kinds.
c.
The lessee or sublessee, including any watercraft owner whether private
or commercial, shall maintain his/her lease area in a clean and sanitary
condition, free of all refuse, garbage, trash and debris.
d.
Any person in charge of any watercraft moored or docked in or along
the waterway or the person renting any pier, dock, slip or wharf in
or along that waterway, and any lessee or sublessee, including private
or commercial watercraft owners, shall provide garbage cans of sufficient
size to hold garbage, trash and refuse to be collected, daily in the
summertime and twice weekly at other times of the year, by such agency
or contractors as are provided by the Borough Council.
[1966 Code § 5-3.13; Ord. No. 1991-1 § 16]
Persons in charge of or occupying, or being guests or passengers
on boats docked at or moored to land, docks, piers, wharves or areas
abutting the waterway, or sailing or operating in any waters of the
Shark River located in any portion of the Borough, shall observe all
health and sanitary regulations of the Borough and all ordinances
of the Borough relating to the conduct of persons and prohibiting
acts contrary to public health, morals, safety or public peace. All
heads, toilets, toilet and washing facilities shall be locked, closed
and not used on any boat while within the confines of the Borough,
whether docked or moored or traveling or standing still on the waterway
or any portion of the Shark River within the boundary lines of the
Borough. No feces, excrement, tarnished, stained, sullied or putrescent
material or liquid shall be discharged or released or placed in the
waterway or on any land, docks, piers, wharves or areas abutting the
waterway, or in any portion of the Shark River located within the
boundary lines of the Borough.
[1966 Code § 5-3.14; Ord. No. 1991-1 § 16]
Every boat in the waterway which is abandoned or which becomes
a menace to navigation or is unseaworthy, or sinks, grounds or becomes
otherwise disabled, is hereby declared to be a nuisance and the person
in charge thereof shall abate such nuisance within 48 hours after
notice thereof from the Belmar Police Department.
[1966 Code § 5-3.15; Ord. No. 1991-1 § 16]
The Belmar Police Department shall have authority to board any watercraft moored in violation of this section, or abandoned or otherwise disabled as stated in Subsection 18-3.14 preceding, and move it or cause it to be moved to another location and to hold such watercraft for payment of costs incurred in its removal and/or storage.
[1966 Code § 5-4.1; Ord. No. 1991-1 § 16; Ord. No. 2001-06]
This section is adopted to regulate the use and operation of
the Marine Basin and establish fees and charges for the use thereof.
[1966 Code § 5-4.2; Ord. No. 1991-1 § 16; Ord. No. 1991-34 § 2; Ord. No. 1993-5 § 2; Ord. No. 1995-3 § 1; Ord. No. 1999-06 § 7; Ord. No. 2001-06]
The docking rates, the starting and ending dates of each year's
season, and the installment service charge shall be established by
resolution of the Harbor Commission and with approval of the Borough
Council. The docking rates shall be charged to tenants and other users
of the Marine Basin. All rates for commercial boats must be paid on
or before December 15 of the prior year. All rates for pleasure boats
must be paid on or before April 1 of the lease year. If all the rates
for a pleasure boat are paid in more than one installment a service
charge will be imposed and will be deemed as rent due and owing under
the lease.
[1966 Code § 5-4.3; Ord. No. 1990-18 § 3; Ord. No. 1991-1 § 16; Ord. No. 1991-34 § 3; Ord. No. 1993-5 § 3; Ord. No. 1993-47 § 1; Ord. No. 1997-09 § 1; Ord. No. 1997-14 § 1; Ord. No. 1999-06 § 7; Ord. No. 2000-9 § 1; Ord. No. 2001-06; Ord. No. 2003-17; Ord. No. 2010-17 § I; amended 12-28-2020 by Ord. No. 2020-43]
a.
Daily Rates. Daily rates for itinerant pleasure boats, if slips are
available, shall be established by resolution of the Harbor Commission
and with approval of the Borough Council.
b.
Boat Ramp - Daily Fees. The fee for daily boat ramp use (one launch,
which requires two tokens, and one retrieve, which requires two tokens)
shall be established by resolution of the Harbor Commission and with
approval of the Borough Council. A bulk quantity of 400 tokens may
be purchased for 75% of the cost of 400 tokens if purchased individually
at the rate set by the Harbor Commission, upon the express condition
that no tokens may be resold for less than the rate for an individual
token as set by the Harbor Commission.
c.
Winter Wet Storage. The winter wet storage fee shall be established
by resolution of the Harbor Commission and with approval of the Borough
Council. These rates shall also apply to itinerant pleasure boats
for the purpose of extending the season, prorated by the week.
d.
Prorated Rates. Any initial lease signed after August 15th of any
year may be accepted on payment of 1/2 of the seasonal rate in effect
for pleasure boats. Commercial Boat rates shall be determined by dividing
the current rate by 365 days, then multiplying the result by the number
of days remaining in the year.
e.
Gasoline, Diesel Fuel, Motor Oil and Other Lubricants Rates. Prices
for gasoline, diesel fuel, motor oil and other lubricants sold at
the marina by the Borough shall be as follows:
1.
Amount over cost, including labor and administration:
|
Gasoline and diesel sold for pleasure boats
|
Price per gallon to be set by resolution
|
|
Diesel for commercial boats
|
Price per gallon to be set by resolution
|
|
Processing fee for pleasure and commercial boats to be calculated
on the total cost per gallon, including Borough purchase price, taxes
and Borough flat rate fee
|
Percent of the calculated price per gallon to be set by resolution
|
|
Gasoline and diesel sold to other government entities and nonprofit
organizations
|
Price per gallon to be set by resolution
|
2.
In the event the purchase price decreases less than $0.02 per gallon,
the resale price will not be changed until the decrease is $0.02 or
greater.
3.
The cost to the purchasers of motor oil and other lubricants at the
marina shall be the cost to the Borough for the unit of motor oil
and other lubricants, (i.e.: pint, quart or other unit measure), plus
overhead and administrative costs price to be set by resolution plus
all applicable taxes.
4.
Any increases in the purchase price will be passed on directly to
the customer.
f.
Gasoline and Diesel Access Card/Keys. Any boat owner may purchase
gasoline and diesel fuel from the Borough by use of a "Fuel Access
Card or Key" provided that the owner executes (with personal guarantees
if the owner is a corporation or a partnership) a contract prepared
by the Borough Attorney, whereby the owner agrees to purchase all
of the owner's gasoline and diesel fuel from the Borough except when
operating away from the Belmar/Shark River area or in emergencies,
and at prices in effect at the time of delivery.
Boat owners will be given statements on a weekly basis and invoiced
on a biweekly basis. Invoices shall be payable in seven days. Payments,
if made by check, do not satisfy an invoice or replenish a security
until the check clears.
The failure of a boat owner to pay invoices in a timely fashion
will result in the deactivation of the fuel access card or key. The
fuel access card or key will not be reactivated until the outstanding
invoices, interest and penalties are paid in full and the following
security is posted and maintained at all times:
|
Charter boats
|
$1,000
|
|
Party boats
|
$5,000
|
|
Private boats
|
$500
|
|
Cruise/Excursion boats
|
As required
|
Upon the termination of a boat owner's lease the fuel
access card or key will be deactivated and any security on deposit
will be returned within 14 days of the satisfaction of the last invoice(s)
or other payments owed to the Borough.
The cost for any replacement or new gas key for an existing
account is $10 per key.
g.
Pleasure Boat Leases. Any pleasure boat lease may be canceled upon
written request of the lessee, but only if the slip is re-rented.
Upon receipt of payment in full from the new lessee, the Chief Financial
Officer may refund the rent on the canceled lease, less 10% to be
retained as a cancellation fee, provided the canceling lessee has
removed his/her boat from the slip. The Borough has no affirmative
objection to seek out a new tenant.
h.
Commercial Boat Leases. Any commercial vessel lease may be canceled
upon written request of the lessee. The request must be accompanied
by a non-refundable application fee of $50. If the request is granted,
a refund will be paid equal to the number of days remaining on the
canceled lease after the date when the vessel has been removed from
the slip, multiplied by the per diem rate for rent under the canceled
lease (yearly rent divided by 365). The Borough has no affirmative
objection to seek out a new tenant or to re-rent the vacant slip,
but may require it to be re-rented before a refund is paid.
i.
Assignment of Existing Lease. Assignment of pleasure and/or commercial
boat lease is prohibited.
j.
Subleasing of Slips. Subleasing of pleasure and/or commercial boat
slip is prohibited.
k.
Mooring Fees. The fee for mooring facility use shall be established
by resolution of the Harbor Commission and with approval of the Borough
Council. No person shall occupy any property or waterway within the
Marina or within the Borough's riparian grants without a lease or
prior permission.
l.
Slip Transfer Fee. The fee for transferring from one slip to another
shall be established by resolution of the Harbor Council and with
approval of the Borough Commission, which fee shall be in addition
to any rent increase required as a result of the transfer. All transfers
will be made by the Business Administrator.
m.
Sailboat Beach Fees. The fee and number of permits to be issued for placing a sailboat on beach as described in Subsection 18-2.10 shall be established by resolution of the Harbor Commission and with approval of the Borough Council.
n.
The Business Administrator is hereby authorized to accept renewals
of existing leases, provided the lessee executes a written lease renewal
agreement and pays the rent for the renewal term in full on or before
January 31st of the current lease year. Execution of winter storage
agreement shall not extend the due date for pleasure boat rents. Failure
to execute a lease renewal agreement and to pay the rent for the renewal
term in full as set forth above will result in a termination of all
rights, and the vessel will be required to leave the marina upon expiration
of the current lease. Deadline for 50% payment is January 31st. Full
payment due by April 15th.
o.
(Reserved)
p.
Security Key. Keys will be issued upon payment in full of slip. Two
passkeys will be issued per slip. There will be a $10 charge for additional
keys. Lost or stolen passes must be reported immediately to the Harbor
Office. There will be a $5 fee for a replacement. Keys shall be returned
to Harbor Office upon vacating of slip. Keys will be deactivated 15
days after lease end date. If keys are not returned, boat owner will
be billed $10 per key. No boat owner or their guests shall cause any
security or access gate or door anywhere in the Marina to be propped
open, tied open or otherwise prevented from closing, or tamper with
or destroy the gate or locking mechanism. In addition to any other
remedies, upon the first violation of this section the boat owner
shall be sent a written notice of the same and receive a $500 penalty
which shall be payable in 10 days and deemed rent under this lease.
Upon the second violation of this section the boat owner shall be
notified in writing that his/her lease has been terminated and the
owner shall remove his/her boat in 10 days and forfeit any security
key deposit.
q.
Transient Slip Security Key. Two passkeys will be issued per transient
slip. A deposit of $50 cash or charge card slip shall be left before
keys are issued. Lost or stolen passes must be reported immediately
to the Harbor Office. Keys shall be returned to Harbor Office upon
vacating of slip. If keys are not returned, boat owner will be billed
$50 per key. No boat owner or their guests shall cause any security
or access gate or door anywhere in the Marina to be propped open,
tied open or otherwise prevented from closing, or tamper with or destroy
the gate or locking mechanism. In addition to any other remedies,
upon the violation of this section the boat owner, in the Borough's
sole discretion may be required to vacate the Marina and/or forfeit
any security key deposit.
r.
Interest Rates. The rate of interest to be charged for the non-payment
of slip rental fees, gasoline and/or diesel fuel and any other service
received from marina is hereby fixed at 18% per annum on the delinquency
to be calculated from the date of service or from the scheduled payment
date to the date of actual payment.
s.
Dinghy Sailboat Dockage and Moorings. Dinghy sailboats, as defined in Subsection 18-3.3, may be docked or moored subject to the regulations set forth herein in the area of the waterway dedicated by the Borough for that purpose and located between Maclearie Park and the State navigation channel westerly of the L Street Beach. Dockage and mooring of dinghy sailboats shall be limited to the season beginning on May 15th of each year and ending on the following September 15th of each year, unless extended by the Superintendent of Public Works. The dockage and mooring of dinghy sailboats and the use of the Borough's facilities relating thereto shall be subject to such additional terms and conditions and rules as shall be set forth in a lease approved by the Borough Attorney:
1.
The fee for out-of-water dockage of dinghy sailboats on floating
docks equipped with racks and/or rails for that purpose shall be $250
per season, as defined herein. The rate for the out-of-water dockage
of dinghy sailboats may be changed by resolution of the Harbor Commission
and with the approval of the Borough Council.
2.
The fee for a mooring for dinghy sailboats shall be $175 per season,
as defined herein. The rate for the mooring of dinghy sailboats may
be changed by resolution of the Harbor Commission and with the approval
of the Borough Council.
3.
Notwithstanding the foregoing, any owner of a dinghy sailboat that
enters into an agreement with the Belmar Recreation Department authorizing
the Belmar Recreation Department to use his or her dinghy sailboat
in connection with the Belmar Youth Sailing Program shall be entitled
to a reduction of $100 from the applicable seasonal fee for dockage
or mooring. Nothing contained herein shall be construed to require
the Belmar Recreation Department to enter into an agreement for the
use of a dinghy sailboat, if the Director of the Belmar Youth Sailing
Program determines in his sole discretion that there is no need for
the use of any particular dinghy boat, or if a boat is for any reason
unsuited for use by the Belmar Recreation Program. As a further inducement
to encourage owners of dinghy sailboats to authorize the use of the
boats by the Belmar Recreation Program, the Borough of Belmar shall
agree to indemnify and hold the owners of the said dinghy sailboat
harmless from any liability relating to the use of the said dinghy
sailboat by the Belmar Recreation Department, and shall further agree
to repair any damage to the said dinghy sailboat, except for such
damage as the Director of the Belmar Youth Sailing Program determines,
in his sole discretion, to constitute normal wear and tear. The agreement
between the Belmar Recreation Department and the owner of dinghy sailboat
shall be subject to such additional terms, conditions and rules as
shall be set forth in an agreement approved by the Borough Attorney.
4.
The assignment or subleasing of dockage racks or moorings for dinghy
sailboats is prohibited.
5.
The number of dockage racks and moorings available for lease pursuant
to this section shall be determined by the Superintendent of the Department
of Public Works. Spaces shall be made available on a first-come, first
served basis. In the event the demand for the dockage or moorings
exceeds supply, preference shall be given to those owners of dinghy
sailboats who agree to authorize their boats to be used by the Belmar
Youth Sailing Program.
[1966 Code § 5-4.4; Ord. No. 1990-18 § 4; Ord. No. 1991-1 § 16; Ord. No. 1999-06 § 7; Ord. No. 2001-06]
a.
Anchorage or mooring of any vessel in the Marine Basin or any waters
subject to Borough jurisdiction.
b.
Docking of any vessel at any location or in any slip without prior
consent of the Superintendent of Public Works or designee.
c.
Docking for more than 15 minutes in designated areas.
d.
Mooring at the gas dock for any purpose other than obtaining fuel
or related services.
e.
Docking, mooring or anchorage in emergencies without immediate notification
and consent of the Superintendent of Public Works or designee.
f.
Tamper, vandalize, deface, obstruct or interfere with the boat ramp
or the token machine, mechanical arm or any part of the boat ramp
and token machine operation.
g.
It shall also be prohibited to use slugs, washers, foreign coins,
tokens from any other agency, or false or counterfeit tokens in the
token machine for entry or exit of the boat ramp.
h.
Any person abusing the boat ramp, ramp tokens, annual boat ramp passes,
token machine and/or gate will be barred from using the boat ramp
for the remainder of the calendar year. Anyone caught abusing the
boat ramp on a second occasion will be forever barred from using the
boat ramp or from using the services or facilities of the Belmar Marina.
Unused ramp tokens or annual boat ramp passes or portions thereof
will be forfeited and no refunds will be issued. The term "abusing"
shall have its ordinary and customary meaning and shall include, by
way of illustration and not limitation, propping the gate open, allowing
more than one vessel, boat, sailboat or jet ski type craft to enter
or exit at one time, breaking the gate or otherwise impeding its normal
operation, or otherwise using the boat ramp in a manner prohibited
by law, ordinance or resolution.
[1966 Code § 5-4.5; Ord. No. 1990-18 § 5; Ord. No. 1991-1 § 16]
Docking privileges in Basins I, II and III are restricted to
private pleasure boats only. No party, charter or other commercial
boat or vessel of any kind, nor any boat for hire, shall be eligible
for docking privileges in Basins I, II or III except rowboats owned
by the concessionaire at the Marine Basin, which shall be restricted
to Dock "C," Basin III.
[1966 Code § 5-4.6; Ord. No. 1990-18 § 6; Ord. No. 1991-1 § 16; Ord. No. 1993-5 § 4; Ord. No. 1999-06 § 7]
The Mayor and Council hereby establish the following priorities
and they recognize that it may be necessary to regulate the number
and type of vessels:
a.
All commercial leases may be renewed for one year, provided that
the rent for the renewal term is paid in full and a written lease
renewal agreement or contract is executed on or before December 31st,
of the current lease year.
b.
Pleasure boat leases may be renewed for the following season, provided
the rent for the following term is paid in full and a written lease
renewal agreement or lease is executed on or before December 31st,
of the current lease year.
c.
Failure to pay the rent for a lease renewal on or before the date set forth in Subsection a and/or b above shall result in loss of priority in the leased slip. The Harbor Commission shall maintain a waiting list of pleasure vessels, with available slip being offered to the persons whose names appear on the list. Any person to whom a slip is offered must execute a lease and pay the rent within five business days after the offer is made or the offer will be withdrawn and that person's name removed from the list and the slip offered to the person whose name next appears in order on the list. Names will be added to the waiting list in order, according to the date when a request to be added to the list is made.
[1966 Code § 5-4.7; Ord. No. 1991-1 § 16; Ord. No. 1993-5, § 5; Ord. No. 1999-06 § 7]
The Mayor and Council hereby establish the following priorities
and they recognize that it may be necessary to regulate the number
and type of vessels:
a.
Limitations on Size of Commercial Boats. Commercial boats shall not
exceed 100 feet in total length as per Coast Guard Registration.
b.
Filling Vacancies. Vacancies in commercial slips shall be filled
in the following manner:
1.
If a tenant wishes to replace an existing vessel, he/she must first
submit a written description of the new vessel to the satisfaction
of the Harbor Commission who will give written approval for the new
vessel as long as it meets all requirements.
2.
Vacancies created in Commercial Boat slips by departing tenants will
be filled by the Harbor Commission first notifying the Mayor and Borough
Council of the vacancy along with his/her recommendations regarding
the future use of the vacant slip. The Mayor and Borough Council will
determine the future use of the slip.
[1966 Code § 5-4.8; Ord. No. 1991-1 § 16; Ord. No. 1999-06 § 7; Ord. No. 2001-06; Ord. No. 2002-07; amended 12-28-2020 by Ord. No. 2020-43]
No person or corporation shall use or occupy any property owned
by the Borough in the waters or in the waterways of the Borough for
the purposes of docking, mooring or anchorage of boats or other related
purposes without first having entered into a lease for such privileges
or on a temporary basis having obtained permission from the Superintendent
of Public Works or designee and paid the fees and charges for such
use. The following conditions shall apply to any such use:
a.
Slips shall be assigned to the holder of a lease for a particular
boat. No other boat may occupy the assigned slip except as provided
in the lease or by prior written consent of the Borough.
b.
No boat shall waste water. Freshwater hoses shall be equipped with
self closing nozzles or hand grip type nozzles.
c.
All boats occupying berths or mooring spaces shall be equipped with
proper lines approved by the Borough or its designee.
d.
No changes in slips will be permitted without prior written consent
of the Superintendent of Public Works or designee.
e.
Any condition on, about or around a boat declared to be a fire hazard
in the judgment of the Superintendent of Public Works or designee
or the Chief of the Fire Department shall be removed by the owner
or person in charge of such boat immediately.
f.
Walkways and facilities through or by which access is gained to boats
docked or moored shall be kept clear at all times. No supplies, equipment,
or material of any kind shall be piled or placed thereon. No boat
owner or their guests shall cause any security or access gate or door
anywhere in the Marina to be propped open, tied open or otherwise
prevented from closing, or tamper with or destroy the gate or locking
mechanism.
g.
In an emergency or under unusual conditions when the Superintendent
of Public Works or designee shall so determine, the Superintendent
of Public Works or designee reserves the right to assign a slip adequate
for the boat other than the slip originally assigned to it.
h.
All leases shall be in writing prepared by the Borough Attorney and
must be signed, delivered to the Superintendent of Public Works or
designee and complied with in all respects before occupancy of any
slip is permitted. Anyone in occupancy of any slip after the expiration
of any lease shall be subject to per diem charges of $100 per day
for commercial vessels and $50 per day for pleasure boats as well
as any other remedy available to the Borough by Statute or ordinance.
i.
No commercial boat shall operate or conduct business without first
obtaining a Mercantile License from the Borough or during any period
when his/her license shall be suspended or revoked. No owner of a
commercial boat may obtain a lease until he or she has obtained a
Mercantile License and paid the fee established by the Tourist Development
Commission or during any period of suspension or revocation.
j.
No owner, captain, mate, employee, agent or other person on behalf
of the owner or captain of any boat may hawk or solicit business anywhere
in the Marine Basin except for party boats on the lower dock immediately
in front of the boat for which such activity is intended to benefit,
or distribute hand bills.
k.
(Reserved)
l.
No one may deliver to any boat, nor may any owner, captain, mate,
employee or agent, accept for any boat the delivery for the benefit
of any boat gasoline or diesel fuel which may only be sold or dispensed
by the Borough at the service dock provided for such purpose.
m.
No one may be permitted on the lower docks or the commercial basin
except Borough personnel, boat owners, their employees, agents, invitees,
or passengers for hire.
n.
No flood lights, spot lights, beams or other forms of lighting shall
be left on or operating when boat is not in use unless the cost of
electricity is covered by an arrangement with the Marina Office or
is metered.
|
Violation of any provision of this section after public hearing
before the Borough Council may result in revocation or suspension
of the mercantile license of the owner of the vessel for the benefit
or at whose direction the violation occurred. This penalty shall be
in addition to any other penalty provided by law or ordinance.
|
[Ord. No. 2003-16]
a.
No recreational vehicles ("RV's") campers or other vehicles, trailers
or the like are permitted at the Belmar Marina and related parking
areas except as permitted herein.
b.
Only self-contained recreational vehicles, commonly referred to as
"RV's", are allowed at the Marina; trailer campers, trailers, and
other vehicles and tents are not permitted. All recreational vehicles
must have a valid registration and comply with all insurance and other
regulations applicable to the recreational vehicle in the State in
which the recreational vehicle is registered.
c.
Recreational vehicles shall be permitted only in spaces designated
by the Borough Council.
d.
Spaces shall be available from April 1 through October 31 of each
year. The maximum permitted rental shall be two weeks within any thirty-day
period.
e.
Recreational vehicles and the spaces rented may not be used for any
commercial, business or economic uses.
f.
The cost for the rental of a recreational vehicle space shall be
$65 per night payable in advance.
[1966 Code § 5-5.1; Ord. No. 1991-1 § 16]
No person, firm or corporation shall take, construct, build
or otherwise develop a boat basin, boat-docking facility, lagoon,
stream, channel, marina or other area where natural earth is moved
and water substituted therefor in whole or in part, unless and until
a Building Permit is obtained for such project from this municipality
through its Construction Code Official. That permit shall include
and require the construction of bulkheading, in accordance with the
specifications herein-after provided.
[1966 Code § 5-5.2; Ord. No. 1991-1 § 16]
Permit fees for the construction of bulkheading are as follows:
[1966 Code § 5-5.3; Ord. No. 1991-1 § 16]
No person or corporation shall construct or use such a boat
basin, boat docking facility, stream, lagoon, channel, marina or other
area in any zone where same is not permitted by the Zoning Regulations
or other ordinance or ordinances of the Borough.
[1966 Code § 5-5.4; Ord. No. 1991-1 § 16]
No person, firm or corporation shall begin to or continue to
dig, pump out or construct a boat basin, boat docking facility, lagoon,
stream, channel, marina or other area where natural earth is moved
and water substituted therefor, in whole or in part, unless and until
a construction permit is obtained for such digging, pumping or construction,
including the proper bulkheading of the basin, facility, lagoon, stream,
channel, marina or area, from the Borough Construction Code Official,
and which construction permit shall include the construction of bulkheading
as hereinafter provided.
[1966 Code § 5-5.5; Ord. No. 1991-1 § 16; Ord. No. 1999-06 § 7]
The standards for construction of bulkheads as referred to herein
are:
a.
All construction materials must be reviewed and approved for use
by the Building Subcode Official.
b.
All projects must be reviewed, inspected and approved by the Borough
Engineer.
c.
Every applicant shall be responsible for all engineering review and
inspection fees charged by the Borough Engineer for reviewing plans
and other documents submitted in connection with any application.
Upon receipt of an application, the Building Subcode Official shall
contact the Borough Engineer and obtain an estimate of the Engineer's
costs and fees for reviewing the application and supporting documents.
The Building Subcode Official shall immediately notify the applicant
of the estimate, and the applicant shall deposit the amount of the
estimate with the Chief Municipal Finance Officer. The Chief Municipal
Finance Officer shall pay out of the monies so deposited all bills
submitted by the Borough Engineer in connection with the application.
In the event the deposit exceeds the Engineer's bills, the excess
shall be returned to the applicant within 10 days after final action
on the application. In the event the Engineer's bills exceed the deposit,
the Chief Municipal Finance Officer shall immediately notify the applicant,
who shall deposit an additional sum sufficient to satisfy the excess.
[1966 Code § 5-5.6; Ord. No. 1991-1 § 16]
[Ord. No. 1995-02 § 1]
A local harbor and waterfront commission, to be known as "The
Harbor Commission of Belmar," be and the same is hereby created.
[Ord. No. 1995-02 § 2]
The Harbor Commission shall consist of seven persons, residents
of the Borough of Belmar, to be appointed by the Mayor with the advice
and consent of Council. Two members of said Harbor Commission shall
be members of the governing body of the Borough of Belmar.
[Ord. No. 1995-02 § 3]
b.
Thereafter, all appointments, except the two members of the governing
body, who shall be appointed for the period of one year, shall be
for the term of five years each, commencing on January 1, and the
members shall serve until their successors are appointed and qualified.
c.
The two members of the Harbor Commission who are also members of
the governing body shall each be appointed to a term of one year and
shall serve said one year term commensurate with their term of office.
[Ord. No. 1995-02 § 4]
The Harbor Commission shall organize annually on the first Wednesday
after the Council reorganization meeting, in January. The Harbor Commission
shall have monthly meetings and such other meetings as may be determined
by said Harbor Commission. The Chairperson and Vice Chairperson of
the Harbor Commission shall be elected by the members of the Harbor
Commission at its organization meeting each year.
[Ord. No. 1995-02 § 5]
The members of the Harbor Commission shall serve without compensation.
[Ord. No. 1995-02 § 6]
The Harbor Commission shall have the powers and duties defined
and designated herein, but where the exercise of such powers and duties
shall involve an expenditure on monies, lease or transfer of property,
the approval of Mayor and Council shall be required. Additionally,
all expenditures, purchases, and encumbrances must be in conformance
with the Administrative Code of the Borough of Belmar, §§
4-9 through 4-18 inclusive, which governs purchasing procedures.
[Ord. No. 1995-02 § 7]
The Harbor Commission, with prior approval of the Mayor and
Council, shall exercise the powers and duties as set forth in N.J.S.A.
40:68-23 and as hereby defined and designated:
a.
To act on matters relating to the construction, erection, improvement,
alteration and extension of any of the facilities, structures and
property, within the jurisdiction of said Commission.
b.
To provide for the maintenance, operation, use, management, regulation,
control and supervision of wharves, piers, bulkheads, breakwaters,
jetties, docks, slips, basins, docking facilities, and harbor owned
by the Borough of Belmar along the Shark River; regulate, fix and
establish bulkhead and pierhead lines and the distances between piers
on said waterfront, subject to the regulations of the United States
and of this State, and make or cause to be made soundings, surveys
and plans therefor and to keep records thereof.
c.
To adopt and promulgate rules and regulations for the use of the
harbor, waterfront, land and all properties, structures, piers, bulkheads,
breakwaters and jetties located upon lands owned by the Borough along
the Shark River.
d.
To regulate the service and fix the rate to be charged for wharfage,
dockage, slip rentals, fuel and the use of all facilities and services
within said harbor, waterfront, and property located upon said land
owned by the Borough along the Shark River.
e.
To engage such employees as it may deem necessary, in accordance
with the procedures of the Department of Personnel. Salaries shall
be as set forth by ordinance adopted from time to time by the Mayor
and Borough Council.
f.
To enter into a lease or leases with individuals, partnerships, associations,
organizations or corporations for the conduct of any concession or
retail or wholesale business and also enter into contractual arrangements
for the lease or transfer of any property.
[Ord. No. 2001-11]
The use of the bathing and marine recreation area on the Shark River commonly known as the L Street Beach, where Route 35 and L Street meet, shall be governed by the rules and regulations applicable to the beachfront and marine portions of the Borough as set forth in Chapter 18 of the Belmar Revised General Ordinances, as those sections may be revised from time-to-time. The use of the L Street Beach shall also be subject to the following rules and regulations:
a.
No person shall dig holes for the purposes of: collecting bait, clamming
or the gathering of any marine flora or fauna from a point delineated
by the mean high water mark to 10 feet into the river past the mean
low water mark.
