Borough of Sea Girt, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: Previous source history includes Ordinance Nos. 684, 893 and 11-2009.
[Ord. No. 17-2010 § 1]
This section is applicable to the area of public beaches and dunes within the Borough of Sea Girt, including all intertidal areas and the waters adjacent thereto. The provisions set forth herein shall apply to all parts of the public beaches and dunes, including all intertidal areas and the waters adjacent thereto, notwithstanding a specific reference to the terms "beach", "beachfront", "dune" or "waters adjacent thereto."
[Ord. No. 17-2010 § 2; New; Ord. No. 07-2013; Ord. No. 10-2014 § 1; Ord. No. 10-2018]
The following rules and regulations are hereby established:
a. 
Beach Season; Bathing Beaches; Lifeguards; Hours. Sea Girt's beach season is from Memorial Day weekend and weekends thereafter, and then daily from late June through Labor Day. Bathing beaches are designated by the Borough and published in beach regulations for the current season and/or designated by signs or flags. Lifeguards are on duty at Borough designated bathing beaches during the beach season from 9:15 a.m. to 4:45 p.m. but may stay on duty to 6:00 p.m. at certain bathing beaches on weekends or holidays. During the beach season when lifeguards are on duty, all bathing is restricted to lifeguard protected waters from bathing beaches. During the beach season when lifeguards are on duty, no person shall bathe in waters off Sea Girt's beachfront except from lifeguard protected bathing beaches.
b. 
Bathing Prohibited During Certain Hours. At all other times, bathing in waters off Sea Girt's beachfront is strongly discouraged as unsafe and is at the bather's own risk. At all times, all bathing in waters off Sea Girt's beaches is prohibited when the beach is closed for health or safety reasons. No person shall bathe in waters off Sea Girt's beachfront when the beach is closed for health or safety reasons.
c. 
Tampering with Beach Equipment Prohibited. No person shall use or tamper with any boat or lifeguard equipment without the permission of the Beach Manager, the Chief of the lifeguards or the Borough Administrator.
d. 
Dangerous Conditions; Swimming Prohibited. Lifeguards shall be maintained on duty at the protected bathing beaches during bathing hours as established in paragraph a above except at such times when bathing or swimming shall be deemed dangerous or hazardous by the Beach Manager, the lifeguard in charge of the beach or the Chief of the lifeguards. When such dangerous conditions exist, a sign or red flag shall be displayed indicating that the beach is closed to bathing or swimming and no person shall bathe or swim in said waters adjacent to the beach, whether protected or not, at any time until the signs or flags are removed. No person shall bathe or swim in said waters adjacent to the beach at night or during the hours of darkness.
e. 
Charge, Control and Supervision of Beach. Lifeguards shall have charge, control and supervision of the bathing, swimming and surfing at the respective designated beaches and generally on all the beaches and beachfront of the Borough and in the waters adjoining the same. Nothing herein shall be construed to limit the authority of the Borough Police Department or any other law enforcement agency to enforce the laws of the state or ordinances of the Borough on all the beaches and beachfront of the Borough and in the waters adjoining the same. Failure to obey, or disregard of the oral or visual command, whistle or signal, or the directive of a lifeguard or law enforcement officer not to enter the beaches, beachfront or waters adjoining the same, not to surf in the waters, not to swim or bathe beyond the designated swimming or bathing areas or in waters deemed hazardous or dangerous by the lifeguard, not to leave the waters or the beach or beachfront with or without paraphernalia or equipment, whether swimming, bathing, surfing or being thereon, as the case may be, shall constitute a violation of this section. The Borough shall provide beach patrols consisting of regular and/or special law enforcement officers.
f. 
Information to be Supplied as Requested. All persons purchasing a beach badge or season bath house, or other privilege as may be designated and described by the Mayor and Council, from time to time, by ordinance or resolution shall furnish their names and addresses and all other information as may be required and requested to the Beach Manager or his representative.
g. 
Beach Badge Required; Display. Except for children under the age of 12, and any other person or group of persons so designated by authorized resolution or ordinance of the Borough Council, all persons, before entering the beachfront, bathing beaches and waters adjacent thereto for any purpose whatsoever shall purchase a badge, check or other insignia as designated and described by Mayor and Council, and shall wear it attached in a prominent place on their clothing during the times covered by this section and shall show it to the gatekeeper, Beach Manager, their representative and agents, and to any law enforcement officer upon request.
h. 
Fees for Badges.
[Amended 2-26-2020 by Ord. No. 02-2020]
Type
Fee
Season badge
$110
Daily badge
$11
Senior season badge
$65
Daily badge coupon book (10 coupons)*
$100
*
With purchase of adult or senior season badge convenience fee added to all credit card transactions equal to 3% of transaction cost.
i. 
Registrar of Badges. The Mayor and Council are hereby authorized to employ a registrar and such other employees as may be necessary to carry out the provisions of this section, and to purchase such books, stationery, badges, checks or other insignia and such other supplies as may be necessary.
j. 
Bath Houses. The fee for bathhouses shall be set at $1,250 for the season and includes five adult season badges. Convenience fee added to all credit card transactions equal to 3% of transaction cost. Persons renting bath houses shall obey all the provisions of this section and exhibit their badge, check or insignia, as required by paragraph g above.
[Amended 2-26-2020 by Ord. No. 02-2020]
k. 
Cancellation of Privileges. The Mayor and Council reserve the right to cancel any privilege granted or extended to any person who shall violate any of the provisions of this section.
l. 
Operation of Motorized Vehicles Restricted to Borough Personnel. No person other than authorized Borough employees and emergency personnel shall operate a beach buggy, snowmobile, moped, motorcycle or motor propelled vehicle of any kind, size or description on the beach, dunes or boardwalk.
m. 
Operation of Bicycles on Boardwalk. No person shall ride or have custody or control of a bicycle on the boardwalk except between the hours of 5:00 a.m. and 10:00 a.m. from May 15 to September 15. Bicycles are permitted on the boardwalk from September 16 through May 14.
n. 
Animals on Beach Restricted. It shall be unlawful for the owner or a person having custody or control of any animal other than a dog as set forth herein to permit or suffer it to be upon the beach at any time of the day or year, whether ridden, tethered, attended or otherwise.
o. 
Control of Dogs; Dogs Restricted During Certain Times. Dogs are prohibited on the beach from March 15 to September 30. During other periods of the year when dogs are permitted on the beach, the owner or a person having custody or control of a dog must accompany it on the beach and the dog must be securely confined and controlled by an adequate leash or chain not more than six feet in length. At no time may a dog be left unattended or be tied to or otherwise secured to any fixture, post or any part of the boardwalk.
p. 
Sleeping on Beach. No person shall sleep on the beach between the hours of 6:00 p.m. and 9:00 a.m.
q. 
Entering Upon Jetties Prohibited. Persons, including fishermen, are prohibited from going on jetties during bathing hours.
r. 
Private Storage Boxes. The placing of private storage boxes on the beach or under the boardwalk is prohibited.
s. 
Consumption of Food; Beach Parties; Permits; Fee. Consumption of food on the beach, except in areas located near the boardwalk and designated by official Borough signage, is prohibited. One picnic party may be held in an area as designated by the Borough on Wednesdays from 6:00 p.m. to 9:00 p.m. during the period from May 15 to September 15. In the event of cancellation due to inclement weather the picnic party originally permitted and scheduled for a Wednesday may be postponed once, only, to the following Thursday. Anyone wishing to hold a picnic party shall first obtain a permit from the Sea Girt Police Department after making written application 15 days prior to the date desired. Applications for permits to hold picnic parties on the same day will be decided on a first come first served basis. Applications for permits shall be accompanied by a $50 deposit which shall be refunded subject to any Borough expense for damage and clean-up as a result of the picnic party.
t. 
Alcoholic Beverages. Only non-alcoholic beverages in non-disposable containers are permitted on the beach. Possession and consumption of alcoholic beverages is prohibited at all times.
u. 
Launching of Boats; Jet Skis. Boats may not be launched or beached on the North Beach during bathing hours during the period of 15 March - 31 August of each year, without advance approval by the Administrator. Motorized boats or motorized personal motor craft known by such registered trade names as jet ski, skidoo and wave runner, et al, may not be launched or beached on the beachfront, nor may they be operated within 300 feet of the beach or a bathing area during the period of 15 March - 31 August of each year.
v. 
Surfing and Surfboards. Surfboard riding is restricted on North Beach during the protected shorebird breeding season of March 15 to the earlier of 1) notification by the NJ Division of Fish and Wildlife to the Sea Girt Borough Administrator of completion of the breeding season of for protected shorebird species; 2) removal of any symbolic fence by NJ Division of Fish and Wildlife; or 3) August 31. Surfboard riding at all other times is restricted during bathing hours to 1) the area between the Philadelphia Boulevard jetty and the New York Boulevard jetty. Surfboards may not be stored or left unattended on the boardwalk.
w. 
During those periods of time when games and activities are not restricted in accordance with subsection 9-1.3 a, 1 below, no person shall engage in any type of ball playing, kite flying or throwing of a frisbee on the beachfront or in the water adjacent thereto during bathing hours, provided, however, that volleyball shall be permitted on volleyball courts with the permission of the Borough and at such locations designated from time to time by resolution of the Borough Council.
x. 
Fireworks. During those periods of time when conducting, authorizing or sanctioning the use of fireworks within 0.75 miles of any public beach or dune are not prohibited in accordance with subsection 9-1.3 below, nothing herein shall preclude the fireworks displays approved by the Borough in accordance with all applicable laws.
y. 
Entering Fenced Areas Prohibited; Exception for Emergency Personnel. No person may enter into a fenced protected shorebird species nesting area or a seabeach amaranth fenced area except under the supervision or direction of the NJ Division of Fish and Wildlife, except that Borough employees or other emergency personnel may enter such areas in the case of an emergency constituting an imminent or immediate risk to human life, health or safety.
z. 
With the exception of subsection 9-1.3 below, the Mayor and Council are hereby authorized and empowered to adopt rules and regulations on an annual or more frequent basis concerning classes of badges, checks or insignia, fees, beach capacity and such other rules and regulations as may be necessary for the proper control and regulation of the boardwalk, beachfront, bathing beaches and waters adjacent thereto as well as for the protection of protected shorebird species and sea beach amaranth, and any person violating such rules or regulations shall be subject to the same penalties as are hereinafter provided for violation of the provisions of subsection 9-1.3. With the exception of subsection 9-1.3, 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 boardwalk, beachfront, bathing beaches and waters adjacent thereto in order to permit or facilitate special events, activities, promotions or programs authorized by resolution of the Borough Council. Any adoption of rules and regulations or the suspension, modification or supplementation of subsection 9-1.3 must be made by way of duly enacted ordinance.
aa. 
Smoking Prohibited. No person shall smoke a cigar, cigarette, pipe or otherwise use tobacco products on the beachfront, boardwalk, beach or boardwalk access pathway at any time.
bb. 
No tents or canopies are permitted, only umbrellas with one central stanchion and a top no larger than six feet across to provide shade whether upright or at a 90° position. Devices designed or used to shade infants, no larger than 40 inches high by 40 inches wide by 40 inches deep are permitted for infant use only.
[Ord. No. 17-2010 § 3]
a. 
The following activities within the Borough of Sea Girt upon any area of public beaches and dunes including all intertidal areas from the Spring Lake border south to the northern boundary of the National Guard Training Center are either prohibited or restricted for the protection of shorebird species (i.e., piping plover, least terns, and American oystercatchers) as set forth and specified below from March 15 to the earlier of 1) notification by the NJ Division of Fish and Wildlife to the Sea Girt Borough Administrator of completion of the breeding season for protected shorebird species; 2) removal of any symbolic fence by NJ Division of Fish and Wildlife; or 3) August 31, such termination of said restrictions or prohibitions to become effective upon the posting of official Borough notices on or about the beach area and on the Borough's website, as follows:
1. 
Games/activities, both formal event and informal play, involving the throwing, hitting, launching or active use of any object, including but not limited to toys, projectiles, frisbees, paddle balls, footballs and balls of any type are prohibited on the North Beach, Pavilion Beach, and beach from the Southern end of Seaside Place south to the National Guard Training Center. The North Beach and Pavilion Beach are hereafter described and depicted in Exhibits A and B, attached hereto and incorporated by reference. (Exhibits may be found in the Borough Offices.)
(a) 
In areas not restricted as to games and activities, ball playing may be permitted as follows:
(1) 
With the use of a "soft-ball," defined herein as a ball with no hard cover. Baseballs, lacrosse balls, and softballs as used in the sport known as softball are prohibited at all times; and
(2) 
At such location designated by posted sign or verbal approval of the Borough Administrator, Beach Manager or Chief Lifeguard, such location not to impact on or interfere with the use and enjoyment of the beach by other persons, threatened or endangered species areas or habitat or beach access points.
(3) 
The Borough Administrator, Beach Manager or Chief Lifeguard each retain the discretion to stop or otherwise prohibit ball playing at any time notwithstanding compliance with the above sections of this provision.
2. 
Launching, staging, flying or landing of all kites, including surf kites are prohibited in all areas;
3. 
Picnic parties are prohibited on all beaches except in areas located near the boardwalk designated by official Borough signage. Any picnic party within the designated area must be approved in accordance with subsection 9-1.2, paragraph s., above. There will be no picnic parties on the North Beach.
4. 
Overnight private structures or storage of private property on all public beaches and dunes are prohibited excluding lifeguard stands that may remain on the beach, lifeguard stand no. 00 closest to North Beach being required to be laid on its side overnight;
5. 
Conducting, authorizing or sanctioning the use of fireworks within 0.75 miles of any public beach or dune is prohibited;
6. 
Conducting, authorizing or sanctioning any organized events designed, or with a reasonably foreseeable potential, to attract a large number of people, including but not limited to concerts, festivals, lifeguard tournaments, sports competitions, or games is prohibited on the North Beach;
(a) 
Third party organized beach clean ups on the North Beach are permitted during this time period so long as debris is removed without using any motorized equipment. Debris may be hand carried with a garbage bag or by use of a manually pushed wheelbarrow, garden cart, or similar non-motorized equipment to take debris off the beach. No wrack, shells, or other natural materials will be removed. Debris that may be harmful to the public or otherwise cause a public health hazard (i.e., glass, medical waste, logs, boards) may be hand removed. All seabeach amaranth plants at the North Beach must be fenced by NJ Division of Fish and Wildlife or the US Fish and Wildlife Service before any organized third party beach clean up can occur;
7. 
The storage, launching and landing of kayaks and surfboards on North Beach is prohibited following the anticipated hatching or hatching of a piping plover chick as determined by NJ Division of Fish and Wildlife;
8. 
No catamarans shall be stored or left on the beach north of Beacon Boulevard. No catamarans shall be launched or landed on the North Beach.
[Ord. No. 17-2010 § 4; Ord. No. 05-2011; Ord. No. 20-2014]
Anyone wishing to hold a wedding ceremony on the beach in the Borough of Sea Girt shall first obtain a permit from the Office of the Municipal Clerk after making written application 60 days prior to the date desired. Applications for permits shall be accompanied by a $50 deposit which shall be nonrefundable. No wedding ceremonies shall be held on North Beach. No wedding ceremonies shall be held during beach operating hours. All wedding ceremonies shall be subject to all provisions of this section.
[Ord. No. 17-2010; Ord. No. 09-2014; Ord. No. 10-2014 § 2; Ord. No. 13-2014; Ord. No. 15-2017; Ord. No. 02-2019]
a. 
Unless another specific penalty is established by law or in the schedule of fines and penalties below, any person who violates any provision of this section shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-5.
b. 
In addition to the fines set forth below, at the direction of the Municipal Court Judge a sentence of not more than 10 days imprisonment in the County Jail or not more than a ten-day period of community service may be imposed.
Borough Code
Description
Fine
Payable*
9-1.2
Beach and boardwalk and dunes
$100
Yes
9-1.2a
Bathing during season at guarded beaches only
$100
Yes
9-1.2b
Prohibited when beach is closed for health
$100
Yes
9-1.2c
Tampering with beach equipment
$100
Yes
9-1.2d
Swimming prohibited, red flag or sign posted
$100
Yes
9-1.2e
Failure to obey order of lifeguard or beach patrol
$300
Yes
9-1.2f
Failure to supply information to purchase beach badge, bath house
$100
Yes
9-1.2g
Beach badge required
$100
Yes
9-1.2j
Bath houses-failure to obey rules
$100
Yes
9-1.2l
Vehicle on beach, boardwalk or dunes
minimum $100
maximum $500
Yes
9-1.2m
Bicycle on boardwalk-certain times
$100
Yes
9-1.2n
Animals prohibited on beach (exception dogs)
$100
Yes
9-1.2o
Dogs on beach certain times only, leash required when permitted
$100
Yes
9-1.2p
Sleeping on beach prohibited 6:00 p.m. - 9:00 a.m.
$100
Yes
9-1.2q
Jetties-entering upon during bathing hours prohibited
$100
Yes
9-1.2r
Placing storage boxes on beach or boardwalk
minimum $25
maximum $500
9-1.2s.
Consumption of food on the beach prohibited
$100
Yes
9-1.2t
See Code Section
3-8
9-1.2u
Boats, jet skis, wave runners, restrictions
$100
Yes
9-1.2v
Surfing in restricted areas, storage of surf board
minimum $75
maximum $500
9-1.2w
Ball playing, kite flying, frisbee playing during bathing hours
minimum $25
maximum $500
9-1.2y
Entering fenced, protected shorebird area or seabeach amaranth area
minimum $250
maximum $1,000
9-1.2aa
Smoking or use of tobacco product on beach, beachfront, boardwalk or boardwalk access pathway
minimum $250
maximum $1,000
9-1.3
Surfing, ball playing, kite flying restrictions in certain protected areas
$100
Yes
9-1.4
Wedding ceremonies on the beach-permit required
$100
Yes
* Payable without court appearance.
[Resolution of 7-16-1996; New]
a. 
The Beach Manager, in consultation with the Borough Administrator, shall regulate and control the beachfront and determine whether bathing, surfing and/or kayaking is to be permitted, restricted or closed after normal operating hours due to rough surf.
b. 
Lifeguards shall remain on duty under the direction of the Beach Manager and the Lifeguard Supervisor. Beaches can be closed to bathing, surfing and/or kayaking 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 Beach Manager and Lifeguard Supervisor.
c. 
Under the direction of the Beach Manager and/or Lifeguard Supervisor, 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, surf or kayak. The Beach Manager and/or Lifeguard Supervisor will notify the Sea Girt Police Department that the lifeguards are off-duty.
d. 
The Rough Surf Management Plan will remain in effect until it is determined by the Beach Manager, in consultation with the Borough Administrator, that surf conditions have subsided and normal beach operating conditions may be put into effect.
[Ord. No. 273; New]
As used in this section:
GOGGLE FISHING OR SPEARFISHING
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 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.
WATERS ADJACENT THERETO
Shall mean and include that area extending eastward 600 feet from the mean high water line.
[Ord. No. 273; New]
No person or persons shall engage in goggle fishing or spearfishing in the beachfront areas or the water adjacent thereto of the Borough during the period from Memorial Day to October 1 of each year.
[Ord. No. 273; New]
No person or persons shall engage in goggle fishing or spearfishing from any jetty bounding from the beach front areas or from any jetty within any beach front areas of the Borough during the period from Memorial Day to October 1 of each year.
[Ord. No. 09-2014]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty below.
Borough Code
Description
Fine
Payable*
9-3
Fishing
$100
Yes
* Payable without court appearance.
[Ord. No. 595 § 1]
The purpose of this section is to protect the general health, safety and welfare of residents and visitors to the Borough and for the purpose of protecting oceanfront vegetation and beach areas and to provide an orderly procedure for the enjoyment of the oceanfront by boaters and bathers alike.
[Ord. No. 595 § 2]
As used in this section:
CATAMARAN SAILBOAT
Shall mean a catamaran-type sailboat that is of twin pontoon construction and is a vessel or watercraft capable of being used as a means of transportation on water and propelled wholly by sails.
SINGLE-HULLED SAILBOAT
Shall mean a seaworthy vessel or other watercraft with a single hull propelled solely by sail capable of being safely operated in the surf and surrounding waters which is essentially equivalent to a Sailfish or Sunfish.
[Ord. No. 595 § 2]
Specifically excluded from use upon the beaches are boats or power vessels temporarily or permanently equipped with machinery for propulsion.
[Ord. No. 595 § 3; New]
Anyone wishing to store a catamaran or single-hulled sailboat as hereinabove defined upon the oceanfront beach shall comply with the following requirements:
a. 
No such catamaran or single-hulled sailboat may be placed upon or stored upon the oceanfront beach except during the months of April through October of any year.
b. 
No boat in excess of 18 feet in length shall be stored upon the beach.
c. 
No boat shall be stored unless it is licensed as hereinafter provided.
d. 
Boats may only be stored within such area as shall be designated in any given year by the Beach Manager or the Borough Administrator.
e. 
It shall be unlawful to secure any boats stored on the designated area to any bench, sign post, or other Borough property.
[Ord. No. 595 § 4]
The Borough Clerk shall provide application forms for all licenses, which forms shall provide as follows:
a. 
Applicants shall be at least 16 years of age.
b. 
The sailboat shall not be more than 18 feet in length and a complete description setting forth make, number (if any), color of hull and color of sails, and design shall accompany the application.
c. 
The licenses issued or to be issued by the Borough shall not be transferable.
d. 
Each owner shall submit to the Clerk, together with the application, a paid-up insurance policy covering public liability for injury to any person or persons in the amount of $100,000 per person per occurrence - $300,000 per occurrence. Nothing contained herein shall be construed to limit the acquisition of additional coverages.
[Ord. No. 595 § 5; Ord. No. 645 § I; New]
a. 
Catamaran-type sailboat and single-hulled owner's annual license fees shall be established by resolution of the Borough Council and shall be payable in advance. Upon registering a boat with the Borough of Sea Girt, the individual so registering shall receive a decal which must be placed in a visible location upon the hull of the boat or watercraft. The license shall be valid for the period of April 1 through October 31 of the year in which it was issued.
b. 
In addition to the license fee, each applicant will deposit with the Borough Clerk the sum of $400, the return of which is conditioned upon the removal of the licensed boat from the Sea Girt beach on or before October 31 of the year in which the license is issued. In the event such timely removal does not occur the deposit will be retained by the Borough and the boat may be removed from the beach by the Borough.
c. 
All boats removed by the Borough pursuant to paragraph b., above will be stored at a charge to the licensee of $200 a month or part thereof which sum shall be paid prior to delivery of the boat to the licensee.
d. 
Notice of removal of the boat by the Borough shall be sent by the Borough Clerk to the licensee by mail directed to the address of the licensee as it appears on the application. If the boat is not repossessed by the licensee in accordance with the requirements of paragraph c above for a period of six months, the boat shall be deemed abandoned and shall be sold at public sale. Any sums derived from such sale shall, after deduction of storage charges and expenses of sale be remitted to the licensee.
[Ord. No. 595 § 6]
No more than 30 licenses shall be issued during any one year.
[Ord. No. 595 § 7]
Any person who violates any of the provisions of this section shall be subject to a fine of not less than $100 and no more than $500 for each separate offense. In the case of a continuing violation or violations, a fine of not less than $100 and no more than $500 may be assessed for each day that the violation continues unabated.
[Ord. No. 779 § 1; Ord. No. 818 § 1; Ord. No. 827 § 1; New; amended 2-26-2020 by Ord. No. 02-2020]
The annual seasonal fee for the use of each storage unit shall be established by an ordinance or resolution of the Borough Council and shall be the sum of $225 payable in advance, for the period starting Memorial Day to one week after Labor Day. Convenience fee added to all credit card transactions equal to 3% of transaction cost. All storage units will be emptied on or before the expiration date. In the event of non-removal, the boats will be taken to the Borough Yard and only returned upon the payment of $50 per month with a minimum of $100 to cover Borough costs.
[Ord. No. 818 § 2]
Applicants for kayak storage space shall complete and sign an application form, giving the name, address and telephone number of the owner of the boat and a description of the boat (i.e. brand, color and type). Such application form shall state that the risk of loss or damage to the boat by reason of theft or vandalism is assumed by the applicant.
[Ord. No. 818 § 3]
a. 
Holders of permits for use of such locker space may renew the permit for the ensuing year, provided that application is made and the appropriate fee paid prior to June 15 of the ensuring year.
b. 
The issuing authority will maintain a waiting list of applicants for locker space. Upon nonrenewal of any space, applicants on the waiting list will be notified of the available locker space in the order that their names appear on such list.
[Ord. No. 09-2014]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty below.
Borough Code
Description
Fine
Payable*
9-5
Kayak storage
$100
Yes
* Payable without court appearance.
[Ord. No. 878 § 1; New]
a. 
The annual seasonal rental for the use of such storage units shall be established by ordinance or resolution of the Borough Council and shall be the sum of $225 payable in advance, for the period from the Saturday of Memorial Day weekend to the Saturday after Labor Day. Convenience fee added to all credit card transactions equal to 3% of transaction cost.
[Amended 2-26-2020 by Ord. No. 02-2020]
b. 
The boxes will be chained to boardwalk pilings at locations to be determined by the Chairman of the Councilmanic Beach Committee and may be secured by the lessee's lock. All boxes will be emptied and locks removed on or before the expiration date. In the event of failure to make timely removal, the locks will be removed by the Borough and the contents disposed of.
[Ord. No. 878 § 2]
Applicants for storage boxes shall complete and sign an application form giving the name, address, and telephone number of the lessee. Such application form shall state that the risk of loss for damage to the lock or contents of the storage box by reason of theft, vandalism of acts of nature, is assumed by the applicant. Applications will be accepted by the Borough Clerk on a first-come, first-served basis.
[Ord. No. 543 § 1; Ord. No. 550 § 1; Ord. No. 772 § 1]
As used in this section:
BEACH AREA
Shall mean that area between the mean high water line of the Atlantic Ocean, in reference to the 1929 Sea Level Datum as established by the U.S. Coast Guard and Geodetic Survey and the seaward edge of the dune area.
DUNE AREA
Shall mean that area between the seaward edge of the dune and the landward edge of the dune.
a. 
Shall mean the intersection of the foreslope of the dune and the grade of the beach area.
b. 
Shall mean the intersection line of the backslope of the dune and the grade of land adjoining to the west and is described as "westerly line of dune" on a map entitled "Borough of Sea Girt, Monmouth County, New Jersey, Dune Protection Ordinance No. 543 adopted February 19, 1985" prepared by Birdsall Engineering, Inc., July 1985. Copies of the map are available for inspection in the Borough Clerk's office.
DUNE INSPECTOR
Shall mean that person designated by the Governing Body.
NATURAL VEGETATION
Shall mean and include the terms "native vegetation" or "indigenous." Specifically, it shall mean such plants as beach grass, dusty miller, hudsonia, sea rocket, seaside goldenrod, bayberry or beach plum which normally grow or may be planted on the slopes of dunes or behind them; no distinction is made as to how such plants are introduced into their location.
PROTECTED DUNE AREA
Shall mean that portion of the beach determined by the Dune Inspector to be subject to erosion resulting from pedestrian traffic. Such an area will be delineated by appropriate signs prohibiting such traffic and warning of prosecution for violations.
[Ord. No. 543 § 3]
No person shall remove or destroy the natural vegetation, sand fence or other types of dune protective devices in the dune area.
[Ord. No. 543 § 4]
No person shall remove or redistribute sand on the beach and dune areas.
[Ord. No. 543 § 5; Ord. No. 772 § 3]
a. 
No person shall operate any motor vehicle across or upon the beach or dune areas.
b. 
No person shall walk or enter upon designated protected dune areas except as permitted in subsection 9-11.5.
[Ord. No. 543 § 2; Ord. No. 550 § 2; Ord. No. 718 § 1; Ord. No. 772 § 2; Ord. No. 729 § 1; New]
No person shall place structures of any kind on the beach or in the dune area except for:
a. 
Pathways or walkways providing beach access constructed in accordance with drawings submitted to and approved by the Borough Engineer. The application fee for such approval shall be in the sum of $250.
b. 
Activities required for construction of an approved pathway or walkway.
c. 
Protection of Properties Abutting the Beachfront between Sea Girt Avenue and Neptune Place. As a result of the December 1992 storms, the Sea Girt beach between Sea Girt Avenue and Neptune Place has become severely eroded causing imminent threat of further damage to the Borough roadways, residences abutting this beachfront and the Borough beach, and the Borough Engineer has recommended that, to prevent further damage, permission be given to owners of properties abutting the beach in this limited area to construct on their property protective bulkheads, in line with the existing street-end bulkhead at Seaside Place.
1. 
Fee owners of property abutting the Sea Girt beachfront between Sea Girt Avenue and Neptune Place desiring to erect a bulkhead or wall in the dune area, in addition to any actions, application or approvals required by the laws or regulations of the State of New Jersey, shall be required to make application to the Borough Council for approval.
2. 
Such application shall be accompanied by plans, drawings and specifications prepared by a New Jersey Licensed Professional Engineer. Such plans will include survey data showing that the location of the proposed structure is within the applicant's property lines.
(a) 
As to the properties known as Block 9, Lot 1, 5 and 9 on the Sea Girt Tax Map (formerly Block 9, Lots 1 through 10 on the 1966 Tax Map), between Sea Girt Avenue and Seaside Place, such bulkhead will be in line with and connection with the street-end bulkhead existing at the easterly end of Seaside Place and be along the westerly line of Ocean Avenue, and within the property lines.
(b) 
As to the properties known as Block 8, Lots 7 and 3 on the present Sea Girt Tax Map, such bulkhead or wall will be in line with the Seaside Place street-end bulkhead running northerly to an existing bulkhead located at the southeast corner of former Lot 5, Block 8 on the 1966 Tax Map (now part of Block 9, Lot 7), and continuing on that line to the northeast corner of Block 9, Lot 7 and then westerly within the property line to the southerly end of the Neptune Place street-end bulkhead.
(c) 
A condition of the Borough's approval of such application will be the obligation of the abutting owner to construct a dune area easterly of the construction to an elevation at least as high as the construction consisting of beach fill, sand or sandfill as hereinafter defined, and with a configuration to be approved of by the Borough Engineer.
(d) 
Such obligation will be secured by a bond posted with the Borough Clerk, signed by all record owners of the property involved. The bond will be in the amount of 100% of the value of the cost of the dune area as estimated by the Borough Engineer. The bond will be conditioned on performance of the dune construction obligation and will be released on the Borough Engineer's certification of compliance. No surety will be required.
(e) 
Beach fill, sand and sandfill is that material which naturally occurs on the beach or in the dune area, or material furnished to the site consisting of white sand procured from upland sources which is similar in color and texture to the existing beach material at the site and which conforms to the following criteria:
(1) 
The sand and silt content wash from the whole sample and passing #200 screen shall not exceed 4% by weight of the whole sample.
(2) 
The sand passing the #4 screen shall be clean and free from vegetation and debris and show the minimum diameter of 0.3 millimeters.
(f) 
All applications will be reviewed by the Borough Engineer who will forward them to the Borough Council with his recommendations concerning the grant or denial of such application, and the imposition of any necessary conditions. No application will be granted unless the applicant has demonstrated that the grant of such application will not cause or accelerate erosion to the beach or neighboring private property.
(g) 
All applications for construction in the dune area shall be accompanied by an application fee, payable to the Borough of Sea Girt. Fee schedule is as follows:
Permanent Structures (Bulkhead, Seawall) - $350.
In addition to the application fees above set forth, the applicant will be responsible for payment of all reasonable fees charged by the Borough Engineer in connection with his review of the application.
d. 
Protection of Property Abutting the Beachfront between Trenton Boulevard and New York Boulevard.
1. 
No one shall place permanent structures or objects of any kind on the beach or in the dune area, except as hereinafter provided and as provided in Ordinance #718. (Paragraph c of this subsection). Nevertheless, any residential structure or accessory building damaged, destroyed or in need of repair may be repaired or replaced on the original foundations with no increase in building coverage, height or gross floor area and subject further to the provisions of the Borough of Sea Girt Zoning Ordinance and Construction Codes.
2. 
Where it is the desire of an owner of property in Block 5, 6 and 7, located between Trenton Boulevard and New York Boulevard abutting the Sea Girt Beach to construct in the dune area on his or her property an erosion control structure such as a seawall, bulkhead or similar permanent structure, application shall be made to the Borough Council for approval. Such application shall be accompanied by plans, drawings and specifications prepared by a Licensed New Jersey Professional Engineer. Plans for construction shall specifically include survey data, indicating bearings and distances of each property line, the date of the survey, location of the proposed structure in relation to the property line and dimensions, location of existing dunes, location of other existing structures on the property that would be affected by the construction, details of the proposed construction and a representation of the area of dune area which will be disturbed by the proposed construction. All applications will be signed by all of the record owners of the property involved.
3. 
All applications will be reviewed by the Borough Engineer who will forward them to the Borough Council with his recommendations concerning the grant or denial of such application, and the imposition of any necessary changes, supplements and conditions. No application will be granted unless the applicant has demonstrated the following conditions:
(a) 
The structure is essential to protect existing structures and infrastructure in developed shorefront areas in danger from erosion.
(b) 
The structure will not cause or accelerate erosion to the beach or sand supply.
(c) 
The structure will not create net adverse shoreline sand movement conditions downdrift including erosion or shoalings.
(d) 
The construction within a stabilized portion of the dune will not materially weaken or destroy the monolithic quality of the existing dune.
4. 
The location of all proposed erosion control structures (bulkheads or seawalls) and related construction work shall be entirely within the applicant's property lines and shall be parallel to the easterly property line and, where applicable, at or landward of the toe of the dune, for all dunes as they exist at the time of application. The precise location of such structure shall be determined, as approved by the Borough Engineer, so as to allow adequate space for the dune structure to be restored to and maintained at its original lines and grades seaward of the bulkhead. The height of such structure shall be no higher than the existing property level at the location of that structure. Any additional fence or wall shall have a three foot setback from the erosion control structure and comply to the three foot height requirements stated in Ordinance No. 579, Section 7a - Fences and Walls. Upon completion of bulkhead construction, the area easterly of the wall will be filled to the height of the structure with beach fill, sand or sand fill as hereinafter defined, with a configuration as approved by the Borough Engineer. The removal or redistribution of sand from any beach or dune area for use as backfill or any other use is prohibited.
5. 
Beach fill, sand and sand fill is that material which naturally occurs on the beach or in the dune area, or material furnished to the site consisting of white sand procured from upland sources which is similar in color and texture to the existing beach material at the site and which conforms to the following criteria:
(a) 
The sand and silt content wash from the whole sample and passing #200 screen shall not exceed 4% by weight of the whole sample.
(b) 
The sand passing the #4 screen shall be clean and free from vegetation and debris and show the minimum diameter of 0.3 millimeters.
6. 
The obligation to fill easterly of the construction described in paragraph 4, above will be secured by a bond posted with the Borough Clerk, signed by all owners of the property involved. The bond will be in the amount of 100% of the cost of such work as estimated by the Borough Engineer and conditioned on the performance of such work. The bond will be released on the Borough Engineer's certification of completion. No surety will be required.
7. 
In the event the applicant requests access to the public beach area for equipment needed for the proposed construction, such access will only be granted between September 15 and the succeeding May 15, unless this requirement is waived for cause by the Borough Council. The application will describe the equipment to be used and the length of the time required for access. Such access will only be granted upon the applicant's undertaking to restore all Borough property to its pre-existing condition. This obligation will be secured by bond in the sum of $25,000, with the Borough, signed by all the owners of the property involved. The bond will be conditioned on performance of this obligation, and will be released on the certification of the Borough Engineer of compliance. No surety will be required.
8. 
One pathway, timber walkway or beach access across the Dune Area is permitted for each residence. It shall run, generally, on a diagonal line and be the shortest practical course between the residence and the Seaward edge of the Dune, and shall not exceed 3.5 feet in width, and shall be in a design and at a location approved of by the Borough Engineer. At street ends, wider pathways may be delineated by the Borough Engineer. In the event that any pathway, walkway or beach access shall be or become, in the opinion of the Borough Engineer, a substantial detriment to the development and maintenance of the continuous protective dune, the owner of the premises shall be notified in writing to take corrective action as recommended by the Borough Engineer.
9. 
All applications for construction in the dune area shall be accompanied by an application fee, payable to the Borough of Sea Girt. Fee schedule is as follows:
Permanent Structures (Bulkhead, Seawall) - $350
Beach Access, Pathway or Walkway - $250.
In addition to the application fees above set forth, the applicant will be responsible for payment of all reasonable fees charged by the Borough Engineer in connection with his review of the application and applicants' compliance with the conditions imposed.
10. 
One of the purposes of this paragraph d is to ensure that adequate restoration, enhancement and maintenance of sand dunes located seaward of any oceanfront erosion control structures (bulkheads or seawalls) is achieved and the highest practical height of such sand dunes is maintained. Therefore, no dune shall be directly or indirectly lowered or reduced in height by the action or inaction of any owner or his/her agent. However, if any dune shall be or become lower than the elevation deemed materially significant by the Dune Inspector, and the bulkhead or seawall becomes routinely exposed, the owner thereof shall be obliged to install such sand fence and plantings as may be prescribed by the Borough Engineer. The owner shall have an obligation to maintain and replace, if necessary, these fences and plantings but shall not be obligated to take any other affirmative action, except as may be specified elsewhere in this section. If the dune is lowered or caused to be lowered by the direct or indirect action of any owner, then the dune shall, upon due notice to the owner, be restored to its immediately pre-existing elevation by the owner or at his expense. The restored dune shall be planted and sand fenced as prescribed by the Borough Engineer.
11. 
Where bulkheads, seawalls or erosion control structures, either preexisting the adoption of this ordinance [adopted by Ord. No. 729 on March 22, 1994] or constructed in accordance with this ordinance, are destroyed or otherwise damaged as a result of storm, water damage, fire or otherwise, the owner shall either cause the repair, replacement, demolition or removal of such structures within a reasonable time after written notice by the Borough to the applicant.
[Ord. No. 543 § 6; Ord. No. 772 § 4]
Any person violating this section shall, for each and every violation, be subject to the penalty stated in Chapter 1, Section 1-5. For a continuing violation, each and every day that such violation continues shall be considered a separate violation of this section.