Ocean City, NJ
Cape May County
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Table of Contents
Table of Contents
Editor's Note: For regulations concerning use of bicycles on the boardwalk, see §§ 4-4 and 18-4; People powered vehicles on the boardwalk, see § 4-17; Licensing of sailboats, see § 5-13; Sale of balloons on the boardwalk, see Subsection 5-11.13; Camping on City-owned lands, see § 4-5.
[Ord. #789, § 3]
The regulations hereafter set forth shall apply to the beach areas of the City of Ocean City, New Jersey, which are hereby defined.
[Ord. #789, §§ 3—4; Ord. #1043 a, § 1]
a. 
All of those areas of land commonly known as beaches; specifically all of those areas of land, not maintained at the established City grades, between which and the Atlantic Ocean there does not exist any public street; whether publicly or privately owned and whether or not flowed by tide.
b. 
All of those areas of land along the oceanfront wherein the City has control of the use by easement deed or deeds.
c. 
All other areas set apart by consent of owners where protected bathing areas are established.
d. 
Public street ends and pavilions on the bayfront and beachfront or oceanfront.
e. 
As general notice to the public, the foregoing areas are defined to be all of the public street ends, pavilions, music pier, convention hall, lifeguard headquarters, boardwalks, ramps, steps and approaches, and all areas beneath any of the foregoing in case the same are structures; and including all areas commonly known as the beaches, southeasterly of the street adjacent to the high water line of the Atlantic Ocean, or where the areas are developed beyond any such street, then the beach area shall be all land not maintained at the established City grades.
[Ord. #1143, Preamble]
The cost of maintaining public bathing beaches within the City and the various services provided attendant thereto has increased greatly; and it is the judgment of the City Council that the cost of maintaining such beaches and recreational areas in a clean, healthy and safe manner should be shared by those making use of same.
[Ord. #1143, § 1]
Paid places of resort, beaches, bathing and recreational facilities are hereby established in the City for the public health, recreation and entertainment.
Such places shall be located at the oceanfront upon all lands in the City fronting on the Atlantic Ocean inclusive of all beachfront or waterfront lands around the circumference of the northerly point of the land upon which the City is situate.
[Ord. #1148, § 1; Ord. #1166; Ord. #27-80, § 1; Ord. #84-2, § 1; Ord. #87-5, § 1; Ord. #87-12, § 1; Ord. #92-15]
In order to provide the necessary funds to improve, maintain and police the beaches, the fees as established in Chapter 30, Schedule D of these Revised General Ordinances shall be charged for such facilities.
The fees and charges of this section shall not be amended for a period of three (3) years from the effective date of this section.
[Ord. #1143, § 3]
No person twelve (12) years of age and over shall bathe at or otherwise use or be upon the beaches or areas set forth in Subsection 18-2.2 without having first acquired and then having in his or her possession a proper and effective badge, license or permit to use the beaches, which shall be worn conspicuously by such person during said use, so that it shall be visible at all times and shall be exhibited on demand to the Beach Inspector or other duly authorized representative of the City.
[Ord. #1143, § 4; Ord. #1188, § 1; Ord. #86-4, § 1; Ord. #87-25, § 1, Ord. #00-11, § 1; Ord. #07-39, § 2; Ord. #08-13, § 1; Ord. #09-23, § 1]
a. 
The beaches or other areas established in Subsection 18-2.2 shall be kept open and guarded during the usual bathing season as set forth in an Annual Fee Ordinance adopted by the City of Ocean City. The hours of operation shall be from 10:00 a.m. to 5:00 p.m. on weekdays and 10:00 a.m. to 5:30 p.m. on weekends and holidays. Beaches may be designated to remain open and guarded for times later than previously stated. The beaches that remain and open guarded later in the evening will be publicly advertised. The City reserves the right to close the beaches or other areas during inclement weather or other emergent situations.
b. 
It shall be unlawful, for any person to bathe, swim or enter the ocean between the hours of dusk and dawn on any day, except where permission to do so has been provided to said person by the Chief of Police or his designated representative, or unless the person entering the ocean is doing so in an attempt to assist or save someone else in the ocean.
c. 
Subject to emergent conditions as determined by the Mayor or his designee, all public beaches shall be accessible to the public between the hours of 5:00 a.m. and 10:00 p.m., to ensure public access, use, and enjoyment of the beach.
d. 
It shall be unlawful for any person to fish on any portion of the guarded beach or surf from 10:00 a.m. to 5:00 p.m. on weekdays and 10:00 a.m. to 5:30 p.m. on weekends or holidays during the period from Memorial Day to September 30 of each year, unless during that time the beach is designated for fishing and/or surfing. Fishing shall be permitted on the 5th Street jetty and prohibited on all other jetties.
[Ord. #1143, § 5]
The City Council is hereby authorized and empowered to:
a. 
Adopt by resolution, in addition to the rules and regulations herein enumerated, such other rules and regulations as may be necessary for the proper control and regulation of the beachfront and other areas and the water adjacent thereto.
b. 
Designate by resolution the protected bathing beaches where lifeguards and attendant equipment are to be provided by the City, and from which beaches, persons may bathe and swim, and to change or abolish the precise location of any one or more bathing beaches as safety and attending circumstances shall require.
c. 
To determine and establish by resolution the period during each year when each of the paid bathing beaches shall be opened and closed.
d. 
Employ inspectors, lifeguards, and such other employees as may be necessary to carry out and enforce the provisions of this section and any and all rules and regulations established herein or subsequently adopted by resolution or otherwise pertinent hereto.
e. 
Purchase badges, checks or other insignia and such other supplies, materials and equipment as may be necessary.
[Ord. #1143, § 6; Ord. #1148, § 2; Ord. #14-82, § 1; Ord. #87-25, § 2; Ord. #03-18, § 1; Ord. #07-39, § 2; Ord. #18-07 § 1]
The following rules and regulations are hereby established and it shall be unlawful to violate any of these rules and regulations or resolutions subsequently adopted during the bathing season or at any other times:
a. 
Each bathing beach shall be designated by the use of green flags or any other method approved by the health authority. A neutral zone of two hundred (200') feet between any designated bathing area and the unguarded area shall be established and kept clear of all watercraft, fishing and bathers. Watercrafts shall include but not be limited to kayaks, boogie boards, surfboards, sailboats, wind surfers, kite surfers and motorized water vehicles.
b. 
To bathe or swim from the beachfront or other designated area except from the designated bathing beaches where lifeguards are provided, or to bathe or swim beyond a safe depth in the ocean as from time to time indicated or regulated by the lifeguards.
c. 
To use a surfboard, sailboat, raft, kayak, float, wind surfer, or kite board of any kind or description except at locations designated by the appropriate City officials or City ordinance.
d. 
To engage in surf fishing in bathing areas during bathing hours.
e. 
All orders, directions, whistles, or other signals used by the lifeguards and police shall immediately be obeyed. Any actions deemed unsafe by the lifeguards or police shall cease immediately upon request.
f. 
The consumption or possession of alcoholic beverages on the beach is prohibited.
g. 
Changing clothes, dressing, undressing, or otherwise disrobing except for outer wraps is prohibited.
h. 
Sleeping on the public beach during any time from sunset to sunrise is prohibited. Nothing contained in this particular section shall be deemed to supersede or otherwise render ineffective or repealed any other provision concerning use of the beaches during certain hours.
i. 
To act in a loud, indecent, obscene or offensive manner is prohibited.
j. 
To revel, disport or behave in a noisy or boisterous manner, emitting loud cries and other noises, so as to inconvenience others, or otherwise disrupt and disturb the public peace and dignity within the beach areas defined is prohibited.
k. 
To climb upon, stand on or tamper with or handle the lifeguard boats, stands or other equipment used by the lifeguards is prohibited.
l. 
Any form of ball playing that is deemed unsafe to the public is prohibited.
m. 
To throw place, deposit or leave any bottles, glass, crockery, sharp or pointed articles or things, paper, refuse or debris of any kind on the beach is prohibited.
n. 
To hawk or peddle, sell or offer for sale any article, goods, wares, or merchandise on the public beaches except as covered by State statute is prohibited.
o. 
To park vehicles, loiter, assemble, band, or crowd together so as to obstruct, interfere or likely to obstruct or interfere with the ingress and egress of others at the street ends approaching the beaches or within areas defined as beach, boardwalks, ramps and approaches thereto.
p. 
To drive or move any vehicle on the beach, boardwalk, ramps, steps, or approaches thereto, at any time during the year, without a permit in writing issued by the Chief of Police is prohibited. (See § 18-5, Motor Vehicles on Beach.) The riding of bicycles on the beach from Memorial Day weekend through Labor Day is prohibited.
q. 
No dogs or other animals shall be permitted on the beachfront or the waters adjacent thereto or upon any public walk contained on the beachfront, with the exception that dogs are permitted on the beach during winter months as permitted in Subsection 11-4.4b.
r. 
The starting or maintenance of a fire on the beach, including any form of barbecue at any time during the entire year is prohibited.
s. 
No privilege, right, badge, permit or other evidence to use the beaches of the City issued to or to be issued upon the payment of any of the fees provided for by this section shall be sold or leased or transferred to any person or entity by anyone other than the City or its duly authorized representative. However, that class referred in Subsection 18-2.3 may be transferred from person to person provided no special or separate charge is made for such transfer or use. Specifically, the City or its duly authorized representatives shall be the sole and exclusive vendor and/or lessor of said privileges, rights, badges or permits as it is hereby deemed unlawful for any person or entity to purchase or lease badges from anyone other than the City or its duly authorized representatives.
t. 
The counterfeiting, copying, duplication or other reproduction of beach badges or permits issued by the City of Ocean City by anyone other than the City of Ocean City or its authorized representatives is hereby prohibited.
u. 
The possession of counterfeit and/or fraudulently obtained badges or permits is hereby prohibited.
v. 
Notwithstanding any other provisions of this chapter, the playing of volleyball on certain beaches chosen and designated by the Fire Chief or his designee is permitted. The Fire Chief or his designee each year shall choose the number of beaches and location of beaches suitable for the playing of volleyball. In making these decisions the Fire Chief or his designee shall consider the size, topography, amount of beach and adjoining beaches and their uses. Volleyball play, however, shall be limited to those beaches which are not protected by lifeguards are not used by surfers and designated as surfing beaches and are not used and designated as sailboat or catamaran beaches.
w. 
Smoking is prohibited on the entire beach, and the paths leading to the beach, at all times.
[Ord. #1143, § 7]
The City reserves the right to revoke any beach privileges granted under this section for any violations of its provisions, or other rules and regulations, and to retake and impound any beach identification badge or other permit which has been improperly used or obtained. Such revocation shall not preclude the imposition of any other penalties provided for such violation.
[Ord. #1143, § 8]
Any person violating any of the provisions of this section or any of the rules and regulations adopted hereunder shall upon conviction be liable to the penalty established in Chapter 1, § 1-6.
[Ord. #50, § 1]
No person shall place, erect or use any colored flaming arc lights or any other colored light or lights over or upon any part or portion of the boardwalks in the City.
[Ord. #1021, § 2; Ord. #87-24, § 1]
It is unlawful to walk on the public boardwalk or on the steps or approaches thereto without shoes, sandals or other protective devices adequate to prevent injuries to the general public.
[Ord. #87-24, § 2]
It is unlawful for any person to climb upon or stand on any railing, fence, or bench on the boardwalk or the approaches or steps leading thereto, which is likely to cause injuries to persons or damage to property.
[Ord. #87-24, § 3]
It is unlawful for any person to tamper with, damage, or harm lifeguard boats or any other equipment utilized by the lifeguards, or property owned by the City of Ocean City located on any beach, boardwalk, steps or ramps leading thereto.
[Ord. #97-19, § 1]
a. 
Preamble. This subsection addresses nonprofit organizations engaged in the sale and distribution of merchandise bearing a statement that is inextricably intertwined with the message sought to be communicated by the organization or purpose of the organization. This subsection is not intended to repeal any provisions of other ordinances of the City of Ocean City related to commercial peddlers, hawkers or vendors on the Ocean County boardwalk who do not come within the limited scope of this section.
b. 
Definition. For purposes of this subsection, "boardwalk" shall mean the wooden walkway extending from St. James Place to 23rd Street inclusive, adjacent to the Atlantic Ocean. It shall include all ramps and steps leading thereto and platforms or pavilions attached thereto.
c. 
Permit. A permit is required for any nonprofit organization that intends to sell, rent, offer to sell, offer to rent or otherwise distribute message-bearing commercial merchandise on the public boardwalk. A "nonprofit organization" shall mean a corporation that is expressly organized for nonprofit purposes, that is in good standing at the time of its application for permit hereunder, and that is deemed a tax exempt organization under Section 501 of the Internal Revenue Code. No other individual or organization may secure a permit under this subsection.
d. 
Applications. Applications for permits under this section may be obtained from the City Clerk. Only those applications on City forms will be considered. The City may charge an application processing fee in the amount of twenty-five ($25.00) dollars per application. In addition to the application form, as described in Subsection e the applicant must provide the City with certified articles of incorporation, a certificate of good standing from its state of incorporation, and documentation of tax exempt status. If the application is complete and the applicant is eligible as a nonprofit organization, the application will be approved.
An application shall be submitted to the City during the calendar month prior to the permit month. The "permit month" shall mean the month duration during which the permit is valid. Permits are nontransferable. A separate application shall be submitted for each location sought by the applicant.
Permits shall be issued to applicants on a nondiscretionary basis, unless the number of applicants for a particular location exceeds the number of spaces available at the location, as set forth in Subsection e. In such event, the City shall hold a lottery during the week prior to the first day of the permit month. The City Administrator shall devise a lottery system that ensures that all applicants have an equal opportunity to obtain a permit.
e. 
Application Form. The permit application shall require the following information:
1. 
The name and address of the nonprofit organization;
2. 
The names, dates of birth, social security numbers, etc. of persons in charge of organizing the sales activity and their addresses and phone numbers where they may be reached during business hours;
3. 
The names and social security numbers of persons who are to be involved in the sales activity at the location;
4. 
The location at which the applicant desires to conduct the sales activity;
5. 
The period of time for which the applicant seeks a permit;
6. 
A description of the merchandise involved in the applicant's sales; and
7. 
A certification by the persons to be involved in the sales activity that they have read and understood the requirements of this subsection and that they are participating in the sales activity of their own free will.
f. 
Hours of Operation; Locations. Nonprofit organizations that have obtained a permit hereunder may engage in sales activities during daylight hours only and under no circumstances earlier than 11:00 a.m. nor later than 9:00 p.m. All tables, displays, signs and inventory used in the sale of merchandise shall be re- moved not later than 9:00 p.m. prevailing time, and may not remain in place overnight.
A permit holder shall be permitted to sell, offer for sale, distribute or display the merchandise in the following areas:
1. 
That portion of the boardwalk between Fifth Street and Sixth Street, inclusive;
2. 
That portion of the boardwalk between Fourteenth Street and Sixteenth Street inclusive;
Any tables located at those locations must be parallel to the boardwalk and located against the railing on the east of the boardwalk.
Qualified organizations shall entitled to obtain in any permit month, permits from a maximum of two (2) locations. No more than two (2) different permit holders may be located within ten (10') feet of each other.
In addition to the above location restrictions, a permit holder shall ensure the following:
1. A minimum of four (4') feet clearance around any wheelchair ramp and, additionally conforming with the regulations of the Federal Americans With Disabilities Act;
2. A minimum of four (4') feet clearance on both sides of any bench.
g. 
Manner of Display. Each permit holder shall be limited to a display area comprising one (1) table only of a size not larger than three (3') feet in width by six (6') feet in length. No other structure may be used to display merchandise, including but not limited to the containers in which T-shirts are carried or stored. Each permit holder shall be limited to one (1) sign of no more than two (2) square feet per table, with the permit holder's name legibly displayed on the sign. Each permit holder shall have no more than one (1) person at one (1) time at each table engaged in sales activities during the permitted hours of operation.
The display area, including the table, shall be maintained in a neat and presentable manner. No items of merchandise shall be displayed in an area other than on the table, including but not limited to display racks on the boardwalk or in the hanging of merchandise from a fence, railing or other structure. Any boxes or accessory items shall be stored neatly and entirely beneath the table.
When merchandise is displayed, literature of the organization shall also be prominently displayed on the table at all times. Furthermore, a laminated fact sheet, at least eight and one-half (8 1/2") by eleven (11") inches in size shall be displayed at all times at the table stating at a minimum:
1. 
The name and address of the organization;
2. 
That the organization is not in any way associated with the City of Ocean City; and
3. 
That merchandise is being solid as part of the permit holder's activities.
The original of the permit issued hereunder shall also be displayed at all times at the table. In addition, each member of the permit holder's organization who is engaged in sales activities at the permitted location shall at all times wear and keep visible a legible identification badge containing the name of the individual and the name and address of the organization.
Each permit holder shall provide a receipt with each sales transaction. The receipt shall contain the name and address of the organization, the date of sale, the number of types of items sold, and the dollar amount of the transaction.
Each permit holder shall maintain the sales area around the permit holder's table free of litter.
Each permit holder shall possess information about the organization's religious, ideological or philosophical message, and shall be capable of discussing the same with any individual seeking to obtain more information about the organization's purpose.
h. 
Prohibitions. A permit holder shall not:
1. 
Intentionally inflict emotional distress by verbal or physical harassment or coercion;
2. 
Impede the flow of pedestrian or vehicular traffic;
3. 
Interfere with the conduct of business by obstructing access to businesses and other properties, including but not limited to the obstruction of entryways or the prevention of free passage of pedestrians or vehicles to or from businesses;
4. 
Interfere with pedestrian traffic by activities that prevent the free passage of pedestrians or causes unreasonable congestion;
5. 
Engage in unsanitary practices;
6. 
Create a fire hazard;
7. 
Create excess noise in violation of § 4-15 of the Revised General Ordinances of the City of Ocean City;
8. 
Engage in fraudulent practices or solicitations, including but not limited to: misrepresentation about any sale or solicitation; misrepresentation about the nature and type of the permit holder's organization; or misrepresentation or concealment of any material fact in the application process;
9. 
Deface public property, including, but not limited to: cutting, breaking, injuring, defacing or disturbing any tree, shrub, plant, rock, building, monument, fence, bench, sidewalk, structure or equipment; or makings, painting, posting or writing on any of the above-mentioned items of public property; or
10. 
Violate any other conditions imposed on the permit by this subsection.
i. 
Merchandise Standards. The purpose and activity of the permit holder and the nature or content of the merchandise to be sold must be inextricably intertwined. The merchandise must carry or convey a political, religious, philosophical or ideological message that is permanent and readable or recognizable, and that is informative of the purpose of the permit holder and meets all of the following criteria:
1. 
The message carried or conveyed on the merchandise must be physically part of the merchandise, indelible and not printed on a removable sticker;
2. 
The message must be legible in the context of the size of the lettering, the color scheme, the location of the message and the graphics involved, and there shall be no intent to obscure the message by making the lettering unreasonably small or placing the message in an unreadable location; and
3. 
The mere placement of an organization's name on merchandise or the City of Ocean City's name on the merchandise shall not qualify the merchandise as inextricably intertwined with the purposes and activity of the permit holder.
The name "Ocean City", "The City of Ocean City", "Ocean City, New Jersey", or "America's Greatest Family Resort", or any combination thereof, shall not be placed on the T-shirt or other merchandise unless that name is inextricably intertwined with the message contained on the T-shirt or other merchandise. In the event those names are used, they shall be in the same or comparable size print as the remaining portion of the message conveyed.
j. 
Indemnification. All permit holders shall agree to defend, indemnify and hold harmless the City of Ocean City and its respective officers, agents, and employees, from any suits, actions and claims arising out of or in any way connected with the activities permitted under the permit; provided, however, that the duty of the permit holder shall not include any claims or any liability arising from the negligence or misconduct of the City, its agents, officers or employees.
k. 
Any nonprofit organization licensed under this subsection shall be required to comply with all applicable laws, rules or regulations of the United States and the State of New Jersey, including the "Charitable Registration and Investigation Act", N.J.S.A. 45:17A-18 et seq.
l. 
Penalty for Violation. A violation of this subsection shall be subject to fines and penalties set forth in § 1-6 "Penalty" of the Revised General Ordinances of the City of Ocean City.
[Ord. #02-34, § 1; Ord. #03-07, § 1; Ord. #04-11, § 1; Ord. #14-16 § 1]
a. 
Smoking shall be prohibited on the entire boardwalk, and the ramps and stairs leading to the boardwalk, at all times.
b. 
Penalties.
Any person who is found guilty of violating this section shall pay fines as follow:
1. 
For a first offense, a fine of not less than $100.00 nor more than $250.00.
2. 
For a second or subsequent offense, a fine of not less than $500.00 nor more than $1,000.00.
[1]
Editor's Note: For additional Bicycle Regulations and Prohibition of Careless Operation on the Boardwalk, see § 4-4.
[Ord. #7-82, § 6; Ord. #90-13, § 1; Ord. #99-03, § 1; Ord. #03-17, § 1; Ord. #09-05, § 1]
It shall be unlawful for any person to operate, ride, sit upon, walk, coast, park, leave, stand, whether attended or unattended or otherwise operate, control or possess in any manner whatsoever a bicycle upon the boardwalk or approaches to the boardwalk during the period from May 15 to Labor Day inclusive, and Easter Sunday of any year, any Saturday between Labor Day and Indian Summer Weekend (annually held in October), other than between the hours of 5:00 a.m. and 12:00 p.m. (noon).
This prohibition shall not apply to weekdays (Monday through Friday) from May 15 through the date of the graduation ceremonies of Ocean City High School (held annually in June), except said prohibition shall apply on Memorial Day as celebrated on the last Monday in May of any year. During the time period provided in this subsection, bicycles shall be prohibited other than between the hours of 5:00 a.m. and 5:00 p.m.
Notwithstanding the regulations set forth above, the Chief of Police, or his designee shall, in the interest of public safety, where unusual or extraordinary circumstances warrant, prohibit bicycles on the boardwalk at any time and, notify bicycle rental merchants not to rent bicycles for use on the boardwalk during such unusual or extraordinary circumstances. Examples of these circumstances include: severe weather conditions including high winds, lightning, heavy precipitation and flooding; special events such as parades, shows and charitable events; boardwalk reconstruction projects or damage to boardwalk structure; merchants "sidewalk" sales. In the event that said notice is issued, the boardwalk bicycle merchants shall not rent bikes for use on the boardwalk until further notice and authorization by the Chief of Police or his designee.
a. 
Surrey bicycles and three (3)-wheeled vehicles known as P.P.V.s (people-powered vehicles) and similar vehicles containing a low slung aircraft type three (3) wheel stance and any other four (4) wheel P.P.V. with a width in excess of twenty-four (24") inches shall be subject to the restrictions listed in Subsection 18-4.1 above. Additionally, during the hours and days abovementioned, surreys and any other P.P.V. with a width in excess of twenty-four (24") inches may only be operated on the Boardwalk between 5th Street and 14th Street, inclusive; except surreys and any other P.P.V. with a width in excess of twenty-four (24") inches which are entering or exiting the Boardwalk at 4th Street shall be permitted to be operated from 4th Street to 5th Street for the sole purpose of entering or exiting the boardwalk.
b. 
Surreys and any other P.P.V. with a width in excess of twenty-four (24") inches shall not be permitted upon any street at any time, unless it is necessary to operate the surrey on a street from the location from which the surrey was rented to the Boardwalk. In that event, the operator shall be required to take the most direct route from the location that the surrey or P.P.V. with a width in excess of twenty-four (24") inches was rented to the Boardwalk. The operator shall then enter the Boardwalk at the closest location and shall thereafter remain on the Boardwalk subject to the provisions of Subsection a above. The operator shall exit the Boardwalk at the ramp closest to the location where the surrey or P.P.V. with a width in excess of twenty-four (24") inches was rented and shall thereafter operate the surrey or P.P.V. with a width in excess of twenty-four (24") inches in the most direct route from that location to where it is to be returned.
c. 
All three (3)-wheeled and four (4)-wheeled P.P.V.'s referred to in Subsection 18-4.1a above shall have a flag attached to the rear of the vehicle. The flag shall be triangular in shape and orange in color and shall be five (5') feet in height.
[1]
Editor's Note: Former Subsection 18-4.2, P.P.V.'s Prohibited, previously codified herein and containing portions of Ordinance No. 7-82, was repealed in its entirety by Ordinance No. 03-17. For regulations pertaining to P.P.V.'s see Subsection 18-4.1.
[Ord. #7-82, § 8]
It shall be unlawful for any person to operate, ride, sit upon, walk or coast any moped vehicle upon the boardwalk or approaches thereto at any time.
[Ord. #21-78, § 1; Ord. #91-17, § 1; amended 2-27-2020 by Ord. No. 20-06]
Except as permitted by the provisions of this section, it shall be unlawful for any person to operate a motor vehicle (including an automobile, truck, motorcycle or any other vehicle of any nature driven by motor power) on the beaches of the City.
[Ord. #21-78, § 2; Ord. #91-17, § 1; amended 2-27-2020 by Ord. No. 20-06]
Permits may be issued by the Chief of Police of the City authorizing persons to operate motor vehicles on certain beaches of the City subject to the following conditions. Such vehicles must be able to transmit power to four wheels and shall not have dual wheels. Such vehicles shall be legally registered and have passed the current inspection required in the state of registration. A permit shall only be issued to a person licensed to drive a motor vehicle without conditions or restrictions on his or her driving privileges (except those that would not interfere with safe operation of the vehicle on the beaches). Such licensed vehicle shall be covered by at least the minimum personal injury and property damage liability insurance limits required by the State of New Jersey. A permit shall only be issued for the purposes of fishing in the surf adjacent to the beach. Permits shall not be issued for sightseeing on the beach or for any other reason.
[Ord. #21-78, § 3; Ord. #91-17, § 1; Ord. #92-15; amended 2-27-2020 by Ord. No. 20-06]
The person to whom the permit is issued shall pay an annual fee as established in Chapter 30, Schedule B, of these Revised General Ordinances at the time of the issuance of the permit and a copy of this section shall be delivered to such person. In addition thereto each licensed vehicle shall conspicuously display on the driver's side of the rear window of the vehicle such decal or other similar identification sticker or device as shall be provided by the City.
[Ord. #21-78, § 4; Ord. #91-17, § 1; Ord. #04-03, § 1; amended 2-27-2020 by Ord. No. 20-06]
a. 
Any person desiring to obtain a permit under this section to operate a motor vehicle on the beaches of the City shall make application giving his or her name, address, driver's license number, vehicle registration number and other information identifying the vehicle to be operated (including the type of vehicle, make, year, serial number, and color) to the Police Department.
b. 
There shall normally be a limit of 400 permits issued in any one year; however, the Chief of Police may use discretion in issuing more permits if needed. Persons possessing permits in the preceding year shall have priority in obtaining a permit in the following year. If there are additional permits to be issued, not exceeding 400, they shall be done on the basis of the following priority:
1. 
Owners of real estate in Ocean City;
2. 
Residents of Ocean City;
3. 
Others.
c. 
Applications are due on September 1 of each year. Any permittee not returning his or her completed application by the end of the business day (4:30 p.m.) September 1 will automatically lose the opportunity for permit renewal. Thereafter, in order to obtain a permit such former permittee shall re-apply as if he or she never possessed a permit in the past. This may include being added to the bottom of an existing waiting list.
[Ord. #21-78, § 5; Ord. #91-17, § 1; Ord. #09-19, § 2; amended 2-27-2020 by Ord. No. 20-06]
a. 
The operation of motor vehicles on the beaches of the City shall only be permitted during the period from September 15 of any year to May 15 of the following year. During the period of time from September 15 to September 30 and May 1 through May 15 vehicles shall not be permitted on the beach between 10:00 a.m. and 5:00 p.m. When authorized to be on the beaches as specified herein, vehicles shall only be permitted between Seaview Road, within 100 feet of the terminal (northernmost) stone jetty or groin; Surf Road and North Street; and 23rd Street and 59th Street, with the following exceptions:
1. 
Vehicles shall be permitted for special occasions (such as municipally sponsored fishing tournaments for which specific permission is granted) and for providing assistance in emergencies threatening life or property.
2. 
Vehicles are not permitted from March 15 through September 30.
(a) 
In the area from the Longport Bridge to the terminal (northernmost) stone jetty or groin.
(b) 
In the area between 23rd Street and 34th Street.
b. 
Access to the beach shall be provided at the following locations: Morningside Road; 23rd Street; 29th Street; 34th Street; 57th Street; 59th Street. The Chief of Police, upon consultation with the Mayor, City Administrator and City Engineer, may from time to time designate other or additional locations where access to the beach shall be permitted. All such locations shall be posted with appropriate signs. It shall be unlawful for any persons to enter upon or exit the beach from any other location.
[Ord. #21-78, § 6; Ord. #91-17, § 1]
It shall be unlawful for any permit holder to operate his or her vehicle on any sand dunes within the City. Additionally, no vehicle shall be operated within twenty-five (25') feet of the tow of any dune.
[Ord. #21-78, § 7; Ord. #91-17, § 1]
It shall be unlawful to operate a motor vehicle on the beaches at a speed in excess of fifteen (15) miles per hour.
[Ord. #21-78, § 8; Ord. #91-17, § 1]
The provisions of this section shall not apply to municipal employees while performing their municipal duties or to contractors engaged in work on behalf of and authorized by the City.
In emergency situations affecting the public health, safety and welfare at the recommendation of Coastal Conservation Committee, the Chief of Police shall have the authority to temporarily ban permit holders from the beach as a whole or specific locations thereon.
[Ord. #21-78, § 9; Ord. #91-17, § 1]
For a first offense, persons so convicted shall be subject to a fine of not less than two hundred fifty ($250.00) dollars nor more than five hundred ($500.00) dollars except that for operating a vehicle on the sand dunes the penalty shall be a fine of five hundred ($500.00) dollars.
Upon conviction of a second offense there shall be imposed a fine of not less than three hundred ($300.00) dollars or more than five hundred ($500.00) dollars except that for operating a vehicle on the sand dunes, the penalty shall be five hundred ($500.00) dollars and imprisonment for not less than seven (7) nor more than thirty (30) days. In addition to the above, any second violator shall upon conviction have his or her permit revoked and shall thereafter be ineligible to reapply for a permit for a period of two (2) years from the date of conviction.
Upon conviction of a third or subsequent offense, the punishment shall be a fine of five hundred ($500.00) dollars and imprisonment for not less than seven (7) nor more than sixty (60) days. In addition to the above, the violator shall have his or her permit revoked and thereafter be ineligible to obtain such a permit.
[Ord. #13-29; Ord. #14-16 § 2; Ord. #18-07 § 2]
The purpose of this section is to protect residents of and visitors to Ocean City from the health hazards of secondhand smoke, and to provide for the public health, safety and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking and tobacco; by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle; by protecting the public from nonconsensual exposure to secondhand smoke and tobacco-related litter and pollution; and, by affirming the family-friendly atmosphere of public parks and recreational areas. This section guarantees that the need to breathe smoke-free air shall take priority over smoking.
[Ord. #13-29; Ord. #14-16 § 2; Ord. #18-07 § 2]
BOARDWALK
Means the elevated public pedestrian walkway constructed over the municipal right-of-way.
ELECTRONIC SMOKING DEVICE
Means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the devise, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
OPEN SPACE
Means nature areas, greenbelts, and wildlife and vegetation habitat areas.
OUTDOOR DINING AREAS
Means dining areas that are not enclosed and part of a restaurant, business, nonprofit entity, place of employment, or located in any public place.
PARKS
Means any parks owned, leased, or utilized by the City of Ocean City.
RECREATION AREA
Means any areas, public or private, open to the general public for recreational purposes, regardless of any fee requirement, including, but not limited to public parks, beach and ocean beach areas, ocean and other boardwalks, marina, pier, boat dock areas, open spaces, gardens, children's play areas, sports fields, stadiums, playgrounds, swimming pools, batting cages, tennis and basketball courts, golf courses, riding stables and senior center outdoor areas.
SCHEDULES PUBLIC EVENTS
Means any scheduled event within the City of Ocean City where the public is invited some of which may require a permit, including but not limited to farmers markets, concerts, parades, festivals, carnivals and car shows.
SERVICE AREA
Means any areas at which one or more persons are waiting for a transaction, entry or service of any kind, whether or not such services involves the exchange of money, including, but not limited to ATMs, ticket lines, bus stops and cab stands and school bus stops.
SMOKING
Means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, hookah or similar device, or other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
TOBACCO PRODUCT
Means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco, including electronic smoking devices and dissolvable tobacco products not FDA-approved for tobacco cessation.
TRAILS
Means along all exercise, walking, hiking, and biking trails through parks or open space areas.
[Ord. #13-29; Ord. #14-16 § 2; Ord. #18-07 § 2]
a. 
It is unlawful for any person to use tobacco products on the property of any recreational facility, park, playground, sports fields and recreational property owned or operated by and located in the City of Ocean City and listed below:
1. 
Aquatic and Fitness Center — Simpson Avenue.
2. 
Bayside Center — Bay Avenue.
3. 
Carey Stadium, Ocean City High School.
4. 
Howard Stainton Senior Center — Simpson Avenue.
5. 
Hughes Performing Arts Center, Ocean City High School.
6. 
Municipal Golf Course — Bay Avenue.
7. 
Music Pier - Boardwalk.
8. 
Sports and Civic Center — 6th Street and Boardwalk.
9. 
Tennessee Avenue Boat Ramp.
10. 
8th Street Playground and Recreational Facility.
11. 
57th Street Beach Pavilion.
12. 
1st and Simpson Avenue Playground.
13. 
8th and Haven Avenue Playground.
14. 
15th and Bay Avenue Playground.
15. 
34th and Asbury Avenue Playground.
16. 
52nd Street Playground.
17. 
Richard Grimes Field — 6th and Haven Avenue.
18. 
Emil Palmer Field — 15th and Simpson Avenue.
19. 
Harry Vanderslice Baseball Complex — 35th and Haven Avenue.
20. 
Basketball Courts located at North Street, 6th Street, 8th Street, 15th Street, 18th Street, 34th Street and 52nd Street.
21. 
Tennis Courts located at 6th Street, 18th Street, and 35th Street.
22. 
Shuffle Board Courts — 6th and Boardwalk.
23. 
Beach Volleyball — 5th and Beach.
24. 
Veteran's Memorial Park — 5th and Wesley Avenue.
25. 
Waterfront Park and Marina — 2nd and Bay Avenue.
26. 
Ocean City Dog Park — 45th and Haven Avenue.
27. 
Boardwalk and ramps and stairs leading to the Boardwalk.
28. 
The beach and the paths leading to the beach.
[Ord. #13-29; Ord. #14-16 § 2; Ord. #18-07 § 2]
A sign shall be clearly, sufficiently and conspicuously posted at every property where smoking if prohibited by this section. The sign(s) shall state "100% Smoke Free Public Property" or substantially similar language, written in lettering that is not less than 3/4 inches in height, and shall contain the international no smoking sign or symbol.
[Ord. #13-29; Ord. #14-16 § 2; Ord. #18-07 § 2]
The Police Department is hereby charged with the enforcement of this section. All members of the Police Department are hereby designated as enforcement officers for the purpose of enforcement of this section.
[Ord. #13-29; Ord. #14-16 § 2; Ord. #18-07 § 2]
It shall be a violation of this section for any owner, operator, manager, or person who controls any premises subject to this section to fail to comply with any of its provisions. It shall be unlawful to smoke or carry a lighted cigarette, cigar, or pipe, hookah, electronic smoking device or other product that can be smoked, where smoking is prohibited.
Any person who is found guilty of violating this section shall pay fines as follow:
a. 
For a first offense, a fine of not less than $100 nor more than $250.
b. 
For a second or subsequent offense, a fine of not less than $500 nor more than $1,000.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 91-9.
[Ord. #93-15, § 1; Ord. #97-17, § 1]
a. 
MOTOR - Shall mean a permanently installed fuel consuming mechanism by which the vessel is or may be propelled and a detachable or outboard motor, including electric motors.
b. 
NO WAKE - Shall mean speed at which a power vessel moves through the water space maintaining minimum headway and producing the minimum wake possible and is not on plane.
c. 
OPERATOR - Shall mean every person having the charge, control, operation or direction of any power vessel or personal watercraft.
d. 
PERSONAL WATERCRAFT - Shall mean a power vessel defined as a class "A" vessel by the United States Coast Guard, and which:
1. 
Is designed to be operated from a sitting, standing or kneeling position;
2. 
Is equipped with an internal combustion engine which powers a water jet pump; and
3. 
Cannot be operated in a manner so as to disengage the pump so as to prevent the vessel from making headway.
e. 
POWER VESSEL - Shall mean a vessel temporarily or permanently equipped with a motor and shall not be deemed to include a vessel propelled wholly by sail or muscular power.
f. 
SLOW SPEED - Shall mean a speed at which a power vessel moves through the water and is able to maintain minimum headway in relation to a vessel or structure being passed.
g. 
VESSEL - Shall mean a boat or watercraft which is capable of being used as a means of transportation on water.
[Ord. #93-15, § 1; Ord. #97-17, § 2; Ord. #99-06, § 1; Ord. #07-39, § 2]
a. 
A person shall not operate a personal watercraft before sunrise or after sunset, or during times of restricted visibility.
b. 
Persons operating a personal watercraft, shall at all times proceed in a seamanlike manner and at a safe speed that they can take proper and effective action to avoid collision with other personal watercraft or other vessels, and be stopped within a distance appropriate to the prevailing circumstances and conditions so as to minimize the possibility of personal injury or property damage.
c. 
A person shall not operate a personal watercraft in such a manner so as to become airborne;
d. 
A person shall not operate a personal watercraft within two hundred (200') feet of any bulkhead, dock or pier, beach or bather, except when launching or retrieving a personal watercraft from any bulkhead, dock or pier in which event the speed shall not exceed the idle speed of the vessel;
e. 
The operator of a personal watercraft designed to accommodate three (3) or more persons shall be permitted to tow a waterskier provided that the personal watercraft has the capacity to allow one (1) of the persons to face the stern of the personal watercraft for the purpose of tending to a ski-rider; and that the person tending to the ski-rider shall be present during the towing of the ski-rider;
f. 
A person operating a personal watercraft and any passengers on a personal watercraft shall at all times, when the personal watercraft is in operation, wear a United States Coast Guard approved Type I, II, III or V hybrid personal flotation device;
g. 
A personal watercraft shall not be operated in any posted area in a manner which creates any wash or wake;
h. 
A person shall not operate a personal watercraft on the tidal waters within the jurisdiction of the City of Ocean City without having successfully completed a boat safety course approved by the Superintendent of the State Police in the Department of Law and Public Safety, or a written test pursuant to Section 17 of P.L. 1995, c. 401, except:
1. 
A person who is sixteen (16) years of age or older may operate a personal watercraft without having completed a boat safety course required pursuant to Subsection c of Section 2 of P.L. 1987, c. 453 (C.12:7-61) or a written test administered pursuant to Section 17 of P.L. 1995, c. 401, under the following conditions:
(a) 
(1) 
The person operates the personal watercraft within the boundaries of an area designated solely for the operation of personal watercraft by a business engaged in renting personal watercraft for use on the waters of the State;
(2) 
The area designated for such operation is supervised by a person who is experienced in the operation of personal watercraft and who has successfully completed a boat safety course approved pursuant to Section 1 of P.L. 1987, c. 453 (C.12:7-60); and
(3) 
The person has successfully completed an instruction course provided by the owner or lessee of the personal watercraft prior to operating the personal watercraft within the designated area.
(b) 
The Superintendent of State Police shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C.52:14B 1 et seq.), any rules or regulations necessary to implement the provisions of this section. For the first twenty-one (21) days following the purchase of a personal watercraft, provided that:
(1) 
The operator of the personal watercraft is the person who purchased the personal watercraft or a member of that person's immediate family;
(2) 
The operator of the personal watercraft is at least sixteen (16) years of age;
(3) 
The personal watercraft that has been purchased is the only personal watercraft being operated pursuant to this subsection;
(4) 
The seller of the personal watercraft has provided educational materials regarding the safe operation of the personal watercraft at the time of sale; and
(5) 
The purchaser and the seller of the personal watercraft have signed a certificate acknowledging that the information required pursuant to Subsection h, 1(b)(4) of this subsection has been provided by the seller and received by the purchaser at the time of purchase of the personal watercraft.
(c) 
The person has written proof, while operating the personal watercraft, of successful completion of a boat safety course substantially similar to the boat safety course required pursuant to N.J.S.A. 12:7-60.
(d) 
(1) 
The person does not own a personal watercraft and the owner of the personal watercraft possesses a certificate showing the successful completion of a boat safety course required pursuant to Subsection c of Section 2 of P.L. 1987, c. 453 (C.12:7-61) or a written test administered pursuant to Section 17 of P.L. 1995, c. 401;
(2) 
The owner of the personal watercraft instructs the owner in the proper operation of the personal watercraft;
(3) 
The person is accompanied by the owner of the personal watercraft and they remain within one hundred fifty (150') feet and in sight of each other;
(4) 
The cumulative number of days of operation by a person under this subsection does not exceed five (5) days during a calendar year;
(5) 
The person has not violated any provision of this section;
(6) 
Any and all rules adopted by the Superintendent of the State Police to implement the provisions of N.J.S.A. 12:7-86 are incorporated herein by reference and shall be applicable hereto.
i. 
Whenever a person who is required to have completed a boat safety course or to have passed a boat safety test operates a personal watercraft on the tidal or non-tidal waters within the jurisdiction of the City of Ocean City, that person shall have in possession a certificate certifying that person's successful completion of a boat safety course approved by the Superintendent of the New Jersey State Police or passing a written test approved by the New Jersey Police Marine Law Enforcement Bureau and shall, when requested to do so, exhibit the certificate to a law enforcement or peace officer of the State. Failure of the person to exhibit the certificate is presumptive evidence that the person has not completed an approved boat safety course or passed a boat safety test.
j. 
No person shall launch or retrieve any personal watercraft from, across or upon any beach within the jurisdiction of the City of Ocean City.
k. 
The owner of any personal watercraft shall keep the vessel locked when not in use by him/her or others which he or she authorizes to use the vessel.
l. 
No person shall operate a personal watercraft or power vessel in a reckless or negligent manner so as to endanger the life, limb or property of another person.
m. 
The operation limits set forth in Subsection 18-7.2 shall be posted in conspicuous places of any establishment which rents, leases or lets personal watercraft. The owner of said business shall require each person renting a personal watercraft to read and understand these operation limitations.
[Ord. #93-15, § 1; Ord. #97-16, § 3; Ord. #99-06, § 2]
a. 
Designation of Rental Operation Area.
1. 
No person engaged in the business of renting personal watercraft for use on the waters of the City of Ocean City shall permit a rented personal watercraft to be operated by a person who has not passed a written test administered by the Marine Law Enforcement Bureau prior to July 1, 1996 or completed a boat safety course required pursuant to Section 18 of Public Law 1995, Chapter 401, except in accordance with a permit issued by the Superintendent of the State Police in accordance with the provisions of N.J.A.C. 13:64-1 et. seq.
2. 
No person shall engage in the business of renting personal watercraft unless they possess a permit issued by the Marine Law Enforcement Bureau or the New Jersey State Police in accordance with N.J.A.C. 13:64-1.3 et seq.
3. 
Designated areas for the operation of rented personal watercraft shall be determined by the Superintendent of the Marine Law Enforcement Bureau. The designated area shall contain marker buoys subject to the following requirements:
(a) 
The designated area shall be marked by at least four (4) buoys supplied by the permittee;
(b) 
Buoys shall comply with the Uniform State Waterway Marking System and be visible from a distance of one-half mile;
(c) 
Buoys shall be set by the permittee at the beginning of the business day and shall be removed before sunset.
4. 
Rented personal watercraft may be operated outside the designated area solely for the purpose of transit to and from the rental location.
5. 
Rented personal watercraft shall be escorted to and from the designated area by a supervisor.
6. 
Rented personal watercraft is subject to all laws and regulations applicable to power vessels on the waters of the state while in transit and while operating in the designated area.
b. 
Supervision of Designated Rental Operation Areas.
1. 
Permittee shall provide a qualified supervisor in the designated area during operation of rented personal watercraft. Each supervisor may supervise up to seven (7) personal watercraft.
2. 
The supervisor shall:
(a) 
Be at least eighteen (18) years of age;
(b) 
Have at least one hundred (100) hours of experience operating personal watercraft;
(c) 
Have completed a boat safety course approved by the Superintendent of the Marine Law Enforcement Bureau;
(d) 
Carry the Boating Safety Certificate issued by the Superintendent while supervising or operating a personal watercraft.
3. 
The supervisor shall remain in the designated area while rented personal watercraft are operating.
4. 
The supervisor shall display a signal pennant which shall be yellow in color and triangular in shape and not less than twelve (12") inches in any dimension, at least four (4') feet above the vessel's highest point.
c. 
Instruction to Renters.
1. 
Permittee shall instruct each renter in boating safety prior to allowing such renter to operate. These instructions shall include at least the following topics:
(a) 
United States Coast Guard Navigation Rules:
(1) 
Meeting situations
(2) 
Crossing situations
(3) 
Overtaking situations
(4) 
Meaning of proper lookout and
(5) 
Safe speed and distance.
(b) 
Handling characteristics of personal watercraft;
(c) 
Equipment requirements for Class A vessels;
(d) 
Operating instructions for the vessel being rented; and
(e) 
Operating under the influence of alcohol or drugs.
d. 
Rental Agreements.
1. 
The permittee shall maintain a written rental agreement for each personal watercraft rented, which shall contain at least the following information:
(a) 
The full name, address, date of birth and telephone number of the renter;
(b) 
The date and time of rental;
(c) 
The name of the agent or employee renting the vessel;
(d) 
The registration number of the rented vessel;
(e) 
The statement "I have received and understand the instruction covering the United States Coast Guard Navigation Rules, equipment requirements for Class A vessels, and operation of personal watercraft"; and
(f) 
The signature of the renter.
2. 
The written agreement shall be kept on file for at least one (1) year after rental.
3. 
Agreements shall be subject to inspection by the Ocean City Police Department during normal business hours.
[1]
Editor's Note: Former Subsection 18-7.4, Licensing and Licensing Fee of Personal Watercraft, previously codified herein and containing portions of Ordinance No. 93-15, was repealed in its entirety by Ordinance No. 99-06.
[Ord. #93-15, § 1; Ord. #97-17, § 4; Ord. #99-06, § 3]
a. 
A person who is under sixteen (16) years of age shall not operate a power vessel on the tidal waters of the City of Ocean City except that:
1. 
A person who is under sixteen (16) years of age but at least thirteen (13) and possesses a certificate certifying that person's successful completion of a boat safety course approved by the Superintendent of the State Police in the Department of Law and Public Safety may operate:
(a) 
A power vessel powered solely by a motor of less than one (1) horsepower or an electric motor of twelve (12) volts or less; or
(b) 
A power vessel which is twelve (12') feet or greater in length and powered by a motor, or a combination of motors, of less than ten (10) horsepower.
2. 
A person who is under sixteen (16) years of age and has successfully completed an approved boat safety course prior to July 1, 1996 may operate a power vessel on the tidal waters of the City of Ocean City, provided that the person complies with all other requirements of law, rules and regulations; and
b. 
A person who is sixteen (16) years of age or older and was born after December 31, 1978 shall not operate a power vessel on the waters of this State without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, except that:
1. 
A person who is eighteen (18) years of age or older, and who has in his possession a valid motor vehicle operator's license issued pursuant to N.J.S.A. 39:3-10, may operate on the waters of this State, without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, a power vessel that is (1) powered solely by an electric motor or a motor, or combination of motors, of ten (10) horsepower or less, and (b) not a personal watercraft;
2. 
An out-of-State resident, or a resident of a foreign country, who is eighteen (18) years of age or older and who will be in this State for less than ninety (90) days may operate on the waters of this State, without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, a power vessel that is (a) registered in that person's State or country of residence and (b) not a personal watercraft; and
3. 
A person who is eighteen (18) years of age or older may operate on the waters of this State, without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, a rented power vessel that is not a personal watercraft, under the following conditions:
(a) 
The person rents the power vessel from a business engaged in renting power vessels for use on the waters of the State;
(b) 
The person has successfully completed a State-approved pre-rental instruction course provided by the owner or lessor of the power vessel prior to operating the power vessel on the waters of the State; and
(c) 
The owner of the power vessel rental business is experienced in the operation of power vessels and has successfully completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety.
c. 
A person is not required to be licensed when operating a power vessel:
1. 
Powered solely by a motor of less than one (1) horsepower or an electric motor of twelve (12) volts or less;
2. 
That is twelve (12') feet or greater in length and powered by a motor, or combination of motors, of less than ten (10) horsepower;
3. 
Will actually compete in an authorized race held under the auspices of a duly incorporated yacht club or racing association in accordance with rules and regulations prescribed by the Division of State Police in the Department of Law and Public Safety and pursuant to a permit duly issued by that Division.
d. 
The owner of a power vessel shall not allow a person to operate a power vessel in violation of any law affecting ownership and operation of power vessels as specified herein, or as otherwise required by appropriate State law.
e. 
No person shall operate a power vessel or allow a power vessel to be operated where speed may cause danger of injury to life or limb or damage to property. The speed of every power vessel shall be regulated to avoid risk of damage or injury by any means, from the power vessel's wake.
f. 
All power vessels shall reduce their speed to slow speed/no wake when passing:
1. 
Any marina, pier, dock or bulkhead at a distance of two hundred (200') feet or less;
2. 
In any marked or posted area of slow speed/no wake;
3. 
Through bridge spans;
4. 
Through lagoons and confined areas of less than two hundred (200') feet in width or congested areas;
5. 
Any work barges or vessels engaged in construction;
6. 
Emergency vessels displaying a flashing or rotating blue light;
7. 
No person shall operate a power vessel in a reckless or negligent manner so as to endanger the life, limb or property of another person.
[Ord. #93-15, § 1; Ord. #01-05, § 1; Ord. #01-25, § 1]
a. 
Restrictions on Public Property.
1. 
It shall be unlawful for any person to moor, anchor, ground or otherwise attach or fasten any barge or other construction-related vessel, to any City owned dock, bulkhead, or pier without the prior written consent of the Mayor or his designee.
2. 
It shall be unlawful for any person to have any barge or other construction-related vessel remain moored, anchored, ground or otherwise fastened to any City owned dock, bulkhead, or pier for more than fifteen (15) consecutive business days.
3. 
Upon completion of the job, if occurring in less than fifteen (15) consecutive business days, the barge shall be removed in a timely and reasonable manner.
b. 
Private Property.
1. 
It shall be unlawful for any person to moor, anchor, ground or otherwise attach or fasten any barge or other construction-related vessel, to any privately-owned dock, bulkhead, or pier without the consent of the property owner.
2. 
It shall be unlawful for any person to have any barge or other construction-related vessel remain moored, anchored, grounded or otherwise fastened to a private dock, bulkhead or pier unless the owner of the barge or other construction-related vessel is performing construction work at the property at which the barge is moored or anchored. In any event, the barge or other vessel used in construction activity shall not remain anchored, grounded or moored to said property for more than fifteen (15) consecutive business days.
3. 
Upon completion of the job, if occurring in less than fifteen (15) consecutive business days, the barge shall be removed in a timely and reasonable manner.
c. 
Additional Time. In the event that weather, tides, or other factors prevent the contractor from performing the work in the time specified herein, the contractor may apply to the Mayor, or his designee, for additional time to complete the work. Additional time may be granted for good cause and the contractor demonstrating that he has diligently performed the work.
d. 
Barge Size. All barges and construction-related vessels shall be of adequate and appropriate size to perform the work. Excessive sized vessels will not be permitted to be moored, anchored, grounded or attached to any public or private property. In no event shall a barge or construction-related vessel exceed seventy-five (75') feet in length when performing work in a lagoon.
e. 
Summer Restrictions. All barges and construction-related vessels shall be removed from all lagoons and back bay areas during the months of July and August, except for times of making emergency repairs.
f. 
Exceptions. This subsection shall not apply to any commercial vessels which engage in "search and rescue" for distressed boaters.
[Ord. #93-15, § 1]
Every person, firm, association or corporation violating any of the provisions of this section, upon conviction, shall be subject to a fine not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, or imprisonment for a term not to exceed ninety (90) days or both.
[Ord. #93-3, § 1]
The purpose of this section is to establish rules and regulations for the placement of all steps or ramps, existing or new, over, across, or adjacent to non-street-end bulkheads for beach access along the beach front in Ocean City. This section shall apply to all beach front parcels, whether privately or publicly owned.
[Ord. #93-3, § 2]
a. 
A sizable portion of the beach within the City of Ocean City eastward, or oceanward, of the bulkhead or Official Bulkhead Line is privately owned. Many of these owners also own improved parcels landward, or west, of the bulkhead or Official Bulkhead Line. Those owners or their invitees desire to acquire beach access directly over the bulkhead without resort to street-end access. As a result, steps and ramps have been installed over the bulkhead and on the beach adjacent thereto in a number of locations on privately owned property.
b. 
A sizable portion of the beach within the City of Ocean City eastward, or oceanward of the bulkhead or Official Bulkhead Line is publicly owned. Persons owning property immediately adjacent to publicly owned beach likewise desire direct access to the beach over the bulkhead adjacent to their property without resort to street end access. As a result these property owners have requested the authority to install steps or ramps adjacent to the bulkhead and on publicly owned beach.
c. 
Cognizant of the potential harm of steps or ramps in the event of rising tidal water, but desirous of providing beach access to privately or publicly owned beach front lots, the City wishes to adopt and enforce rules and regulations governing the manner in which ramps and steps may be installed on the beach immediately adjacent to the bulkhead to provide access to privately or publicly owned property.
[Ord. #93-3, § 3]
The owner of property landward, or west, of a bulkhead located adjacent to the beach, shall be permitted to install steps or a ramp from the bulkhead to the beach, east or oceanward of the bulkhead, upon the following conditions:
a. 
The steps or ramps are of a portable design capable of being moved by hand without the need of equipment;
b. 
The steps or ramps shall be removed from October 15 to April 15 of any year when the house adjacent to the steps or ramps is unoccupied and the same shall be stored in a storm safe manner.
c. 
The individual assumes all responsibility and potential liability for the care, repair, and maintenance of the steps or ramps, together with any liability arising from the use thereof.
d. 
The individual registers the installation of the steps or ramps with the City Clerk as specifically set forth in Subsection 18-8.6 below, and in connection with said registration agrees that it shall defend, indemnify and save harmless the City of Ocean City, its agents, servants and employees for any damage to property, or injury to person, arising out of the use, existence, repair or maintenance of said steps or ramps.
[Ord. #93-3, § 4]
a. 
Coastal Flood Watch/Hurricane Watch. Every individual having steps or ramps on their property shall be required to remove the same within twenty-four (24) hours of the issuance of either a coastal flood watch or hurricane watch by the National Weather Service.
b. 
Coastal Flood Warning/Hurricane Warning. Every individual having steps or ramps on their property shall be required to remove the same immediately upon the issuance of either a coastal flood warning or hurricane warning by the National Weather Service.
c. 
The Mayor, or his designee, shall have the authority to order removal of all steps or ramps in the event of a storm, hurricane, northeast storm, or other condition which in his judgment creates a risk of danger to person or property. In the event that the steps or ramps are ordered to be removed, it shall be done so within twenty-four (24) hours following notice of the removal by the Mayor or his designee.
d. 
The Mayor, or his designee, shall have the authority to order removal of all steps or ramps for necessary beach or dune maintenance or other such reason which promotes or insures public health, welfare and safety. In the event that the steps or ramps are ordered to be removed, it shall be done so within twenty-four (24) hours following notice of the removal by the Mayor or his designee.
e. 
Lack of notification on the part of the Mayor or his designee shall not relieve any property owner of the responsibilities set forth herein.
[Ord. #93-3, § 5]
Existing steps or ramps on private property shall be required to comply with provisions of this section.
[Ord. #93-3, § 6]
Every individual having steps or ramps on their property, or desiring to install new steps or ramps on their property shall register his/her name with the City Clerk. The owners shall also advise the City Clerk of the name and address of persons to be contacted, other than the owner, in the event removal of the steps or ramps is ordered by the Mayor or his designee as set forth in Subsection 18-8.4 above. There shall be no fee associated with this registration. The registration form shall specifically require the individual to be responsible for all repair and maintenance to the steps or ramps, and shall further require the individual to defend, indemnify and save harmless the City of Ocean City, its agents, servants and employees for any damage to property, or injury to person, arising out of the use, existence, repair or maintenance of said steps or ramps.
[Ord. #93-3, § 7]
All steps or ramps placed upon the beach pursuant to this section shall have prominently displayed upon it in black paint the address of the adjoining upland property.
[Ord. #93-3, § 8]
Any person violating the provisions of this section shall be subject to the following fines or penalties:
a. 
A fine not to exceed five hundred ($500.00) dollars and/or thirty (30) days in jail;
b. 
Revocation of their permit or right to install the steps or ramps on the beach.
[Ord. #94-02, § 1]
Temporary permits will be issued for tennis players utilizing the tennis courts at 6th Street during time of play.
[Ord. #02-14, § 1]
The following rules and regulations shall apply to the Ocean City Skateboard Park:
a. 
The facility is to be used for skateboard and inline skaters only. No bicycles, scooters or motorized vehicles are permitted.
b. 
All users must skate safely, responsibly and act respectfully of each other.
c. 
All users are required to wear shoes, helmets, knee pads, wrist guards and elbow pads. All equipment must be worn to the manufacturer's specifications.
d. 
No skateboarding or inline skating shall be permitted when the equipment is wet or icy.
e. 
No glass, radios, or pets shall be permitted within the enclosed skateboard area.
f. 
Backpacks, bags, jackets and other articles of clothing and personal belongings must be placed in appropriate area, removed from the area where people skate, to avoid the possibility of injury.
g. 
The use of alcohol, drugs, and tobacco are prohibited. Additionally, profanity, abusive language and vandalism are prohibited. In the event expulsion from the facility and further subject to any and all penalties provided by law.
h. 
The City will determine from time to time the limited maximum capacities which may utilize the skateboard park.
i. 
The skateboard park shall only be used during open hours. The City reserves the right to close the skateboard park at any time in its discretion.
j. 
Skateboarding and inline skating are prohibited on City property surrounding the skateboard park; for example, the Civic Center, boardwalk, boardwalk ramps and parking lots.
k. 
The City suggests that a parent or guardian accompany children under the age of twelve (12) when skating in the skateboard park.
l. 
Any organized event wishing to utilize the skateboard park must receive prior written approval from the Department of Community Services.
m. 
The City will determine the hours of operation of the skateboard park from time to time.
[Ord. #02-14, § 1]
The following fee schedule shall apply to the use of the Ocean City Skateboard Park:
Seasonal Resident — $15.00 for season or any portion thereof
Seasonal Nonresident — $35.00 for season or any portion thereof
Weekly — $10.00
Daily — $5.00 per two (2) hour session
Birthday Parties — $50.00 per hour for maximum of two (2) hours exclusive use
Skate Contests/Special Events — $250.00 for up to eight (8) hours. Fee may be waived by the Mayor or his designee.
For purposes of this section, the season is defined as Memorial Day through the second weekend in September.
For purposes of this section, weekly shall extend from Friday through the following Saturday, or any portion thereof.
[Ord. #02-14, § 1]
Any person convicted of violating the provisions of this section shall be guilty upon a first offense of a fine not to exceed one hundred ($100.00) dollars, and a second offense of a fine not to exceed five hundred ($500.00) dollars. In addition, the person convicted of any violation of this section is subject to having his/her privilege to utilize the Skateboard Park revoked for a term up to one (1) year.
[Ord. #07-18, § 1]
a. 
The City of Ocean City is the owner of Block 502, Lot 1, commonly referred to as Memorial Park.
b. 
A portion of Memorial Park, since 1995, has been dedicated as a memorial to Ocean City Veterans and American Veterans.
c. 
The United Veterans Council of Ocean City, the Veterans of Foreign Wars, the American Legion and interested citizens of Ocean City have requested that Memorial Park be restricted so that no use, except as a Memorial Park honoring all military veterans, be allowed and that it be renamed Veterans Memorial Park.
d. 
The field, currently known as Memorial Park, has been in constant use as a daily memorial to Ocean City's Veterans, with only passive recreation currently in use. It has been determined to be in the best interests of the City and its residents that it be used as a Memorial Park with uses limited to passive recreation and veterans' memorial, history or other veteran related uses.
e. 
It has also been determined to be in the best interest of the City and its residents that in the future, no structures, other than those that currently exist or that will honor veterans or relate to military history or other veteran related subjects, should be permitted to be constructed on the site unless said structures are constructed in compliance with N.J.S.A. 40:61-7 and/or other applicable law.
[Ord. #07-18, § 2]
In order to perpetually preserve these lands as a memorial for veterans who served our country, it is hereby declared that Block 502, Lot 1, shall be forever known as Veterans Memorial Park, that it, in its entirety, be set aside as a memorial to our veterans and that other than as a memorial no use shall be permitted on said lands unless relating to passive recreation or a veterans' memorial, military history or other veteran related subjects.
[Ord. #07-18, § 3]
No structures, other than those that currently exist or that will honor veterans or relate to military history or other veteran related subjects, shall be permitted to be constructed on the site, unless said use has been authorized by public referendum pursuant to N.J.S.A. 40:61-7, or other applicable law. A deed restriction shall be filed restricting the use of the property as outlined herein, except, any building or structure that may be authorized by public referendum pursuant to N.J.S.A. 40:61-7, shall be permitted and shall not be subject to the deed restriction.
[Ord. #10-06, § 6]
The Mayor is hereby authorized to adopt and promulgate such rules and regulations as may be considered necessary and essential to govern the use and manner of use of the facilities and property by those to whom permits may be granted from time to time.
[Ord. #10-06, § 6]
The Mayor or his/her designee is to be in charge of and control the operation or management of such facilities in accordance with the provisions of law, and rules and regulations adopted pursuant hereto. Any employee or employees of the City assigned to any work or duties in connection therewith shall be subject to the control and direction of the Mayor or his/her designee.
[Ord. #10-06, § 6]
Fees as established in Chapter 30, Fees, Schedule J of these Revised General Ordinances shall be charged.
Use of the facilities, including access to potable water, shall be available by the season or by the day.
Seasonal renters must sign a contract with the City for each season and pay for the slip in full by April 15. The season runs from April 15 to December 1 each year.
[Ord. #10-06, § 6]
Any permits granted for the use of any such facility shall be subject to the terms, conditions, rules and regulations relating to such use and permission. The holder of any permit shall be governed by the terms, conditions, rules and regulations; and any holder shall not acquire any right or title, but shall hold a mere license or permission which is subject to revocation without notice in the event of a violation of any of the terms, conditions, rules or regulations. The Mayor or his/her designee is hereby empowered to suspend the use of any such permit and is empowered to revoke any such permit. No fee, charge or other sum paid for any such permit or permission shall be returnable in the event of revocation.
[Ord. #10-06, § 6]
Only permit holders will be permitted to park overnight at the facility. One (1) parking pass will be provided to permit holders for their use only when boating overnight.
[Ord. #10-06, § 6]
The payment of the fee or charge together with the acceptance of the permit, shall thereby charge the holder with the knowledge and responsibility that the permit is issued and held subject to this section and all rules and regulations promulgated and adopted pursuant hereto.
[Ord. #10-06, § 6]
The City shall not be responsible for any cause or matter whatsoever relating to the use of any such facilities by any person. All persons who use such facilities shall do so at their sole risk, both as to person and property.
[Ord. #17-04 § 1]
It is hereby determined, declared and found that the City of Ocean City public Boardwalk is a unique and invaluable social, economic, recreational and aesthetic resource which requires the attention of the City of Ocean City to maintain its character. The following rules are hereby enacted in the interest of the public welfare, and to assure the safety of persons and property thereupon.
[Ord. #17-04 § 1]
a. 
All performances between the Friday before Memorial Day and Labor Day shall take place only at designated performance locations more particularly described on the Boardwalk as follows:
1. 
On the ocean side of the Boardwalk, within four (4') feet of the railing, at designated performance locations opposite the street ends at 7th, 8th, 9th, 10th, 12th, 13th and 14th Streets.
2. 
At designated performance locations on the ocean-fronting beach pavilions located, or to be constructed, on the ocean side of the Boardwalk between 5th Street and 14th Street.
3. 
On the ocean side of the Boardwalk, within four (4') feet of the railing, at designated performance locations between 5th and 6th Streets.
[Ord. #17-04 § 1; Ord. #19-02]
a. 
An entertainer must fill out the street entertainers application form and submit it to the Department of Community Services, City Hall, 861 Asbury Avenue, Ocean City, New Jersey 08226 by the date mandated on the application form. Applications for entertainers under the age of eighteen (18) years must be signed by both the entertainer and the entertainer's legal guardian.
b. 
Licenses will be issued by the Department of Community Services, City Hall, 861 Asbury Avenue, Ocean City, New Jersey 08226 and must be picked up from that location.
c. 
Badges displaying licenses must be worn or displayed while performing.
d. 
Licensees may perform only at the locations assigned by the Department of Community Services and are not transferrable.
e. 
Sound produced by an entertainer (or group of entertainers) shall not be audible thirty (30') feet from the Boardwalk railing adjacent to which the entertainer(s) is/are performing. No electronic amplifiers are permitted for performances. An electronic instrument, such as a keyboard, is permitted provided that the music is not audible thirty (30') feet from the Boardwalk railing adjacent to which the entertainer is performing.
f. 
An entertainer may not block the Boardwalk, nor may anyone observing an entertainer's performance.
g. 
An entertainer may not block any entrance to any business or any ingress/egress point to and/or from the Boardwalk, nor may anyone observing an entertainer's performance.
h. 
The use of any sharp or dangerous weapons, with the exception of sword swallowers, is prohibited.
i. 
Performances should be appropriate for a general audience and profanity is prohibited. Nudity is not permitted.
j. 
The hat or other receptacle for donation collection must remain stationary. No sign requesting contributions shall exceed eight (8") inches by eight (8") inches in size.
k. 
The City of Ocean City reserves the right to revoke a license at its discretion. The City shall notify an entertainer who has been the subject of a complaint in writing. The entertainer shall respond to the written notice of complaint in writing within seven (7) days of receipt by the entertainer of a copy thereof. Failure to do so shall result in loss of license.
l. 
A Boardwalk Entertainer license shall entitle a performer to perform on the Boardwalk on Mondays, Wednesdays, Fridays, and Saturdays; and on Sundays beginning at 7:00 p.m. The right to perform is subject to other permitted uses which may take precedence over a street performer license. Examples of other permitted uses include, but are not limited to, Special Events such as Family Night, Character Night, Mummers Night and parades.
m. 
An entertainer may not receive a license unless all violations from previous years have been satisfied.
n. 
Entertainers are permitted to perform on the public Boardwalk at designated performance locations on designated days between the hours of 6:00 p.m. and 10:00 p.m. except for Sundays, when performances may begin no earlier than 7:00 p.m.
o. 
No entertainer(s) shall remain at any said location for more than four (4) hours per twenty-four (24) hour period.
p. 
No entertainer(s) shall store, maintain, hide, etc., any of their property on City of Ocean City property.
q. 
A performer may not create an undue interference with the passage of the public through a public area including, but not limited to, the Boardwalk. If a performer attracts a crowd sufficient to obstruct the public way, a police officer may disperse the portion of the crowd that is creating the obstruction. The police officer shall not cause the performer to leave the location unless efforts to move the crowd fail to adequately protect the public safety or order. A police officer shall not ask the performer to leave the location unless all other means of restoring the public safety or order have been exhausted.
[Ord. #17-04, § 1]
No person may perform as an entertainer without first having obtained a license to do so from the Department of Community Services.
[Ord. #17-04 § 1]
a. 
The Department of Community Services shall administer the Boardwalk Entertainer licensing process. In its rules and regulations, the Department of Community Services shall specify:
1. 
The types of entertainment that may be performed under a license, to include the number of performances per calendar day;
2. 
The locations or areas for which a license is effective;
3. 
The maximum number of licenses to be issued for a particular location or area or for a particular day or time of day.
b. 
Required Considerations. In specifying limitations, the Department of Community Services shall consider:
1. 
The volume and types of vehicular and pedestrian traffic in a proposed street entertainment location or area;
2. 
The impact of street entertainment activities on the health, safety and general welfare of the public.
[Ord. #17-04 § 1]
The Department of Community Services may impose reasonable limitations on any license issued under this section as necessary or proper to carry out the purpose and intent of this section.
[Ord. #17-04 § 1]
a. 
An application for a license must be made in the form the Department of Community Services requires.
1. 
Applicant with Criminal History. No license shall be issued to any applicant found to have a criminal history of conviction of an offense involving dishonesty or a crime of the fourth degree or above pursuant to New Jersey law or pursuant to the laws of another state of the United States.
b. 
The application must contain:
1. 
The name and address of each performer;
2. 
The age of each performer;
3. 
The type of entertainment for which the license is sought;
4. 
A signed statement holding the City harmless.
5. 
In the case of an application made by an adult for a performer who is a minor, the required information shall be provided for both the adult applicant and each minor performer;
6. 
Such other information as the Department of Community Services may reasonably require.
c. 
The application must be verified before a notary public or other officer authorized to administer oaths.
[Ord. #17-04 § 1]
a. 
The annual fee for a license is as follows:
1. 
Boardwalk: Fifty ($50.00) dollars per entertainer. A group such as a band shall be required to pay one annual fee.
[Ord. #17-04 § 1]
a. 
The Department of Community Services shall issue an identification badge for each license issued.
b. 
The identification badge shall be of laminated plastic or other durable substance and shall bear:
1. 
The name, picture and address of the licensee; however, badges for licensees under the age of eighteen (18) years shall not include the licensee's picture, and shall bear an assigned file number rather than the licensee's name and address.
2. 
The type of entertainment for which the license is issued;
3. 
The year for which the license is issued;
4. 
A license issued to an adult for a minor shall include the picture of the adult;
5. 
An identifying number that corresponds with the number of the license.
c. 
Each entertainer must prominently display the badge while entertaining. An adult licensee responsible for a performer under the age of sixteen (16) years shall accompany the minor performer(s) at all times and shall display the identification badge for the minor.
d. 
Replacement badges. If a badge is lost, the Department of Community Services shall issue a replacement badge on payment by the licensee of a fee of fifteen ($15.00) dollars.
[Ord. #17-04 § 1]
a. 
A street entertainer may not:
1. 
Set any fee or require any donation for his or her performance; or
2. 
Suggest any minimum or maximum donation.
[Ord. #17-04 § 1]
a. 
Authorized suspension or revocation. The Department of Community Services may suspend or revoke a license if the licensee violates any provision of:
1. 
This section;
2. 
The rules and regulations adopted under this article; or
3. 
Any other applicable Federal, State or City law.
b. 
No more than one entertainer shall perform at an approved location at the same time.
c. 
Mandatory Revocation. On a street entertainer's third violation of any provision, the Department of Community Services must revoke the street entertainer's license.
d. 
Application Following Revocation. If a license is revoked, the former licensee may not apply for a new license until one year from the date of revocation.
[Ord. #17-04 § 1]
a. 
Right of Appeal. An aggrieved party may appeal to the Business Administrator or Mayor or assigned designee:
1. 
The denial, suspension or revocation of a license; or
2. 
Any other decision or ruling by the Department of Community Services.
b. 
How and When Taken. The appeal must be taken, in writing, within ten (10) days from the date of notice of the denial, suspension, revocation, decision or ruling.
c. 
Hearing and Decision. The Business Administrator, Mayor or designee:
1. 
Shall hold a hearing on the appeal as soon as practicable; and
2. 
May affirm, modify or reverse the action of the Department of Community Services.
[Ord. #17-04 § 1]
Any person who violates any provision of this section or of the rules and regulations adopted under it is, upon conviction, is subject to a fine of not more than two thousand ($2,000.00) dollars for each offense.