[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; amended 1-12-2023 by Ord. No. 22-21]
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. Violation of this Section 18-2.4 constitutes a breach of the peace.
[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; amended 5-25-2023 by Ord. No. 23-14]
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 earlier and later than previously stated. 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]
[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.
[Ord. #02-34, § 1; Ord. #03-07, § 1;
Ord. #04-11, § 1; Ord. #14-16 § 1; amended 5-27-2021 by Ord. No. 21-16]
a.
Smoking shall be prohibited on the entire boardwalk, and the ramps
and stairs leading to boardwalk, at all times. "Smoking" includes
vaping and smoking tobacco products, cannabis, marijuana and hashish.
b.
Penalties.
Any person who is found guilty of violating this section shall
pay fines as follow:
[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.
[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.
[Added 1-12-2023 by Ord. No. 22-21]
Violation of this Section 18-4 constitutes a breach of the peace.
[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; 4-27-2023 by Ord. No. 23-09]
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, e-mail 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 and issue other
permits as 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:
c.
Applications are due on September 1st of each year. Any permittee
not returning his or her completed application by the end of the business
day (4:30 p.m.) on September 1st 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.
d.
The City shall make 20 daily permits available for purchase and use for access to our beaches for a single 24 hour period that will begin at 5:00 a.m. These permits will be available for purchase through the police department and may be reserved up to 3 months in advance. Permits may be obtained during normal business hours 8:30 a.m. to 4:00 p.m. Monday-Friday and must be reserved 7 days in advance. The fee for a daily permit will be as established in Chapter 30, Schedule B, of these Revised General Ordinances.
[Ord. #21-78, § 5; Ord. #91-17, § 1;
Ord. #09-19, § 2; amended 2-27-2020 by Ord. No. 20-06; 4-27-2023 by Ord. No. 23-09]
a.
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 1st through May 15th 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 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.
3.
Vehicles are prohibited from the area of the Longport Bridge to the
terminal (northernmost) stone jetty or groin at all times in accordance
with the City's Beach Management Plan.
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;
amended 4-27-2023 by Ord. No. 23-09; 4-27-2023 by Ord. No. 23-09]
It shall be unlawful for any permit holder to operate his or
her vehicle on any sand dunes or any vegetation 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;
amended 5-27-2021 by Ord. No. 21-16]
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- smokers;
by protecting children from exposure to smoking tobacco, cannabis,
marijuana and hashish; by reducing the potential for children to associate
smoking, tobacco, cannabis, marijuana or hashish with a healthy lifestyle;
by protecting the public from nonconsensual exposure to secondhand
smoke and smoking-related litter and pollution; and, by affirming
the family-friendly atmosphere of public 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;
amended 5-27-2021 by Ord. No. 21-16]
Means the elevated public pedestrian walkway constructed
over the municipal right-of-way.
Means as nature areas, greenbelts, and wildlife and vegetation
habitat 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.
Mean any parks owned, leased, or utilized by the City of
Ocean City.
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.
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.
Means any areas at which one or more persons are waiting
for a transacation, entry or service of any kind, whether or not such
services involve the exchange of money, including, but not limited
to ATMs, ticket lines, bus stops and cab stands and school bus stops.
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 a smoking device.
Means a device that can be used to deliver nicotine or other
substances, including cannabis, marijuana and hashish, to the person
inhaling from the device, including, but not limited to, an electronic
cigarette, e-cigarette, vape, vape pen, juul and similar products,
as well as cigar, cigarillo, bong, vaporizer or pipe.
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.
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;
amended 5-27-2021 by Ord. No. 21-16]
a.
It is unlawful for any person to use tobacco products, cannabis,
marijuana or hashish 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, pavilions, ramps and stairs leading to the Boardwalk.
28.
The beach and the paths leading to the beach.
29.
Block 1506, Lot 3 and Block 1606 (the former car dealership lots
at 16th Street between Haven Avenue and Simpson Avenue).
30.
Bike paths and trails.
31.
29th Street Playground.
[Added 5-27-2021 by Ord. No. 21-16]
[Ord. #13-29; Ord. #14-16 § 2; Ord. #18-07 § 2;
amended 5-27-2021 by Ord. No. 21-16]
A sign shall be clearly, sufficiently and conspicuously posted
at every Park 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;
amended 5-27-2021 by Ord. No. 21-16]
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;
amended 5-27-2021 by Ord. No. 21-16]
a.
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, smoking
device or other product that can be smoked, where smoking is prohibited.
b.
Any person who is found guilty of violating this section shall pay
fines as follow:
[Added 1-12-2023 by Ord. No. 22-21]
Violation of this Section 18-6 constitutes a breach of the peace.
[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:
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
(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.
[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:
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:
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; amended 1-12-2023 by Ord. No. 22-20]
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.
4.
Summer Restrictions. All barges and construction-related vessels
shall be removed from all lagoons during the months of July and August,
except for times of making emergency repairs.
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 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:
[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:
[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]
[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]
[Ord. #17-04 § 1]
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]
[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.
[Added 6-15-2023 by Ord.
No. 23-18]
No person shall carry or possess any prohibited items or articles
during the prohibited time while on the City's Boardwalk, beaches,
or beach street ends.
[Added 6-15-2023 by Ord.
No. 23-18]
All backpacks are prohibited on the Boardwalk, the beach, and
beach street ends. No bag larger than eight inches by six inches by
eight inches in depth (8"x 6" x 8"), approximately the size of a half
a sheet of paper, such as but not limited to, bookbags, fanny packs,
cinch bags, coolers, briefcases, luggage of any kind, computer bags
and camera bags or any bag larger than the permissible size as set
forth in this section are permitted to be carried on, placed on or
be in the vicinity of the Boardwalk between the hours of 8:00 p.m.
to 1:00 a.m. the following day from May 15 to September 15 of each
year.
[Added 6-15-2023 by Ord.
No. 23-18]
a.
Medical devices necessary for the immediate assistance of the patient
utilizing such device.
b.
Essential equipment for any reporter for broadcast, electronic or
printed media operating in a professional capacity for communication
to the public.
c.
Officers of the Ocean City Police Department shall be exempt from
the provisions of this section when engaged in the conduct of official
duties.
d.
Active fishing on beach.
[Added 6-15-2023 by Ord.
No. 23-18]
a.
When feasible, excluding exigent circumstances, two warnings shall
be given to juvenile and adult persons. Such warnings shall be sufficient
if provided orally, by posted signs, or by amplified announcement.
Any person, adult, or juvenile, found to be with a prohibited item
shall be directed to the nearest exit of the Boardwalk. The failure
to comply with the directions of the enforcement City Official constitutes
a breach of the peace.
b.
The provisions of this section shall be enforceable by the Police,
Code Enforcement, and any employee of the Department of Community
Services.
[Added 6-15-2023 by Ord.
No. 23-18]
a.
Any adult person violating this section shall, upon conviction in
the Municipal Court of the City, be liable for a penalty according
to the following scheme.
1.
For the first offense, a fine of not less than $25.00 not more than
$50.00.
2.
For a second offense occurring within one year of a prior violation,
a fine of not less than $35.00 nor more than $65.00.
3.
For a third or subsequent offense occurring within one year of two
or more violations, a fine of not less than $50.00 nor more than $100.00.
b.
Any juvenile violating this section shall be provided two curbside
warnings and opportunity to remove the item from the Boardwalk and
after the second curbside warning shall be subject to a stationhouse
adjustment and having the juvenile's parent or guardian called
to address the matter. In such a case the juvenile's conduct
constitutes a breach of the peace. No summons or juvenile delinquency
charge shall be issued to a juvenile violating the provisions of this
section.
