[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-4-1974 by Ord. No. 2-1974]
[Amended 6-7-1982 by Ord. No. 8229]
Paid places of resort, beaches, bathing and
recreational facilities are hereby established in the City of Ventnor
City for the public health, recreation and entertainment. Such places
shall be located at the oceanfront upon all lands in the City of Ventnor
City fronting on the Atlantic Ocean, as well as other areas specified
within said City by the Board of Commissioners.
In order to provide the necessary funds to improve,
maintain and police the beaches, the following fees shall be charged
for such facilities:
A.
No fees shall be charged or collected from any person
under the age of 12 years.
B.
A fee shall be charged in the amount set forth in Chapter 114, Fee Schedule per person per season, provided that application is made to the proper authorities on or before May 31 of the bathing season.
[Amended 3-16-1981 by Ord. No. 8106; 4-3-1986 by Ord. No. 8603; 3-17-2005 by Ord. No. 2005-7; 10-8-2020 by Ord. No. 2020-21; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
C.
A fee shall be charged in the amount set forth in Chapter 114 for senior citizens 65 years and older per season, provided that application is made to the proper authorities on or before May 31 of the bathing season.
[Added 4-3-1986 by Ord. No. 8603; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
A late fee shall be charged in the amount set forth in Chapter 114 in the event that the application is made to the proper authorities after May 31 of the bathing season.
[Amended 3-16-1981 by Ord. No. 8106; 4-3-1986 by Ord. No. 8603; 4-27-1995 by Ord. No. 9505; 10-22-1998 by Ord. No. 9820; 3-17-2005 by Ord. No.
2005-7; 10-8-2020 by Ord. No. 2020-21[1]; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
E.
A fee shall be charged in the amount set forth in Chapter 114 for the purchase of each holiday beach badge. These badges will be valid for the following summer season only.
[Added 12-20-2012 by Ord. No. 2012-17[2]; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[2]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection F as Subsection G.
F.
No privilege, right, badge or other evidence to use
the beaches of the City of Ventnor City issued to or to be issued
upon the payment of any fees provided shall be sold or leased to any
person or entity by anyone other than the City of Ventnor City or
its duly authorized representative. Specifically, the City of Ventnor
City or its duly authorized representative shall be the sole and exclusive
vendor and/or lessor of the privileges, rights and badges. It is hereby
deemed unlawful for any person or entity to purchase or lease said
badges from anyone other than the City of Ventnor City or its duly
authorized representative.
[Added 6-4-1979 by Ord. No. 7904; amended 4-3-1986 by Ord. No. 8603]
[Amended 4-17-2014 by Ord. No. 2014-13]
A.
No person 12 years of age and over shall bathe at or otherwise use the beaches set forth in § 72-1 without first having 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 of Ventnor City.
B.
Persons in active military service. Though such persons are required
to display a badge, no fees shall be charged to or collected from
persons in active military service in any of the armed forces of the
United States or to their spouse or dependent children over the age
of 12 years.
C.
Persons who are active members of the New Jersey National Guard.
Though such persons are required to display a badge, no fees shall
be charged to or collected from persons who are active members of
the New Jersey National Guard who have completed initial active duty
training and to their spouse or dependent children over the age of
12 years. As used in this subsection, "initial active duty training"
means basic military training for members of the New Jersey Air National
Guard, and basic combat training and advanced individual training
for members of the New Jersey Army National Guard.
D.
Persons who have served in any of the armed forces of the United
States and who were discharged or released therefrom under conditions
other than dishonorable and who either have served at least 90 days
in active duty or have been discharged or released from active duty
by reason of a service-incurred injury or disability (veterans). Though
such veterans are required to display a badge, no fees shall be charged
to or collected from such veterans. In order to obtain a badge with
no fee, such veterans shall present to the Beach Tag Supervisor documentation,
consistent with law and any rules and regulations promulgated by the
Adjunct General of the New Jersey Department of Military and Veterans'
Affairs, sufficient to establish entitlement to a badge with no fee.
E.
Records and verification. As required by law, the Beach Tag Supervisor shall maintain a list of all individuals to whom beach tags are issued pursuant to Subsections B, C and D above, including the names of all individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption. The Beach Tag Supervisor shall also establish procedures for verifying that individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption by presentation by those claiming the exemption of appropriate credentials demonstrating active duty or veterans status.
[Amended 4-14-1975 by Ord. No. 7506; 3-16-1981 by Ord. No.
8106]
The beaches established in § 72-1 shall be open and operated during the usual bathing season, which is hereby established on the Saturday preceding the last Monday in May until and including the Saturday following Labor Day, and the hours of operation shall be from 10:00 a.m. to 6:00 p.m., prevailing time, except during inclement weather.
The Board of Commissioners 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 the waters adjacent thereto.
B.
Designate by resolution the protected bathing beaches
where boats and lifeguards are to be provided by the City and from
which persons may bathe and swim and change or abolish the precise
location of any or more bathing beaches from time to time, as safety
and attending circumstances shall require.
C.
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
article and all rules and regulations established herein or subsequently
adopted by resolution.
E.
Purchase badges, checks or other insignia and such
other supplies, materials and equipment as may be necessary.
[Amended 6-4-1979 by Ord. No. 7904; 10-3-1991 by Ord. No.
9119; 11-21-1991 by Ord. No. 9124; 6-24-1993 by Ord. No. 9309; 8-2-2012 by Ord. No. 2012-14; 4-16-2015 by Ord. No. 2015-15; 5-18-2017 by Ord. No. 2017-19; 4-25-2019 by Ord. No.
2019-08]
The following rules and regulations are hereby established,
and it shall be unlawful to violate any of said rules and regulations
or those subsequently adopted resolutions during the bathing season
or at other times if specifically provided for. It shall be unlawful
to:
A.
Bathe
or swim from the beachfront except from the designated bathing beaches
where boats and 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.
B.
Use
a surfboard or raft of any kind or description except at locations
designated by the lifeguards or City ordinance.
C.
Engage
in surf fishing during bathing hours.
D.
Fail
to obey immediately all orders, directions, whistles or other signals
used by the lifeguards and police.
E.
Consume
alcoholic beverages on the public beaches without proper approvals
and permits from the New Jersey Division of Alcohol Beverage Control.
F.
Change
clothes, dress, undress or otherwise disrobe, except for outer wraps.
G.
Sleep
on the public beaches during any time between sunset and sunrise.
H.
Act
in a loud, indecent, obscene or offensive manner so as to inconvenience
others or otherwise disrupt and disturb the public peace and dignity
within the beach areas defined.
I.
Climb
upon, stand on or tamper with or handle the lifeguard boats or other
equipment used by the lifeguards.
J.
Throw,
place, deposit or leave any bottles, glass, crockery, sharp or pointed
articles or things, paper, refuse or debris of any kind on the beaches.
K.
Hawk or peddle, sell or offer for sale any article, goods, wares or merchandise on the public beaches, except as permitted by Chapter 173, Peddling and Soliciting, of this Code, or covered by state statute.
L.
Park
vehicles, loiter, assemble, band or crowd together so as to interfere
with or be likely to interfere with the ingress and egress of others
at the street ends approaching the beaches.
M.
Drive
or move any vehicle on the beach at any time during the entire year
without a permit in writing issued by the Chief of Police.
N.
Permit
any dogs or other animals on the beach in front of the waters adjacent
thereto or upon any public walk contained on the beachfront within
the City of Ventnor City, whether said dog is leashed or unleashed,
except that dogs on a leash may be permitted on the beach between
October 1 and May 15 in the area of the beach washed daily by the
high tide at any time and between May 16 and September 30 from 7:00
p.m. to 9:00 p.m.
O.
Start or maintain a fire or fires on the beach at any time without a permit from the Police and Fire Departments. Bonfires shall only be permitted after hours and shall comply with the Uniform Fire Code. Applications for bonfire permits shall be accompanied with a fee in the amount set forth in Chapter 114, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
P.
Beach
parties, without first submitting the appropriate application, paying
the appropriate fees and receiving the appropriate permit for the
same.
Q.
No
bathing is permitted on unguarded beaches during hours of operation.
Wading or bathing after hours of operation is at the sole risk of
the individual.
R.
Start
or maintain a fire or fires on the beach without first submitting
the appropriate application, paying all appropriate fees and receiving
a permit authorizing the same.
S.
Open barbecuing beginning June 1 through September 30, every day.
The hours shall be from 10:00 a.m. to 6:00 p.m., and any person taking
advantage of such privileges and having a barbecue must follow all
ordinances of the City of Ventnor and all state and federal laws.
Barbecues will be permitted, provided that all fires are contained
in a commercial-type propane grill (no propane tanks bigger than 20
pounds) or barbecue and are tended to during the cooking of food and
left to extinguish themselves in the grill upon completion of cooking.
All individuals are responsible for the removal of any such barbecue
equipment and any and all trash which is generated as a result of
said barbecues. Open fires such as bonfires or charcoal grills are
strictly prohibited on the beach. Pop-up ten-by-ten tents are permitted;
no tent should be enclosed by order of the Fire Department.
[Amended 7-23-2020 by Ord. No. 2020-15]
The City of Ventnor City reserves the right
to revoke any beach privileges granted under this article for any
violations of its provisions or other rules and regulations and to
retake and impound any beach identification badge or permit which
has been improperly used or obtained. Such revocation shall not preclude
the imposition of any other penalties provided for such violation.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
Any person violating any of the provisions of
this article or any of the rules and regulations adopted hereunder
shall, upon conviction thereof, be subject to a fine of not more than
$1,000 or to imprisonment for not more than 90 days, or both. In addition
to or as a substitute for the previously mentioned fine, the imposition
of community service shall be authorized as an additional penalty,
which community service shall not exceed 90 days.
[Adopted 12-21-2017 by Ord. No. 2017-45]
Except as herein provided, it shall be unlawful to operate an
automobile, truck, motorcycle or any other vehicle on the beaches
within the City of Ventnor without the permits provided for in this
article or in violation of any provision of this article.
A.
Individual permits. Any person desiring to operate a permitted vehicle
on said beaches shall make an application to the City of Ventnor for
a permit to do so and shall furnish the Department with the name,
address, driver's license, vehicle registration and type of vehicle
for which said permit is sought and an insurance identification card
and declaration page for the vehicle to be permitted.
B.
Each applicant shall provide such information as is required to process
the application on a form provided by the City of Ventnor. At the
time of initiating the application, the owner of the vehicle must
apply, and each applicant shall agree to hold the City of Ventnor
harmless and to indemnify and defend the City of Ventnor for all claims,
losses, expenses, damages, suits or any other costs incurred by the
City of Ventnor arising out of the operation by the applicant of any
vehicle over the beach areas of the City of Ventnor. Failure to provide
this agreement shall prevent the issuance of any permit. Applicants
shall also provide the City of Ventnor with a copy of proof of insurance,
insuring the applicant for liability incurred while and during the
operation of any vehicle subject to the permit. Copies of the hold
harmless and indemnity agreement, along with a copy of the applicant's
insurance certificate, shall be kept with the applicant's application
through the entire year in which the permit is effective.
A.
Permits shall only be issued for vehicles having four-wheel drive
and which shall have passed inspection by the Motor Vehicle Commission
of the State of New Jersey or by the equivalent department or agency
of the state in which said vehicle is licensed. Such vehicles must
also be equipped with the following:
B.
A permit issued hereunder shall be valid only for one registered
vehicle as described in the application for said permit. The permit
is not transferable. It shall be unlawful to operate a vehicle with
a permit intended for another.
C.
All permits issued under this article shall be displayed on the driver
side dashboard.
D.
All permits are the property of the City of Ventnor and are subject
to suspension, forfeiture, or revocation. Lending or displaying a
permit so that the same is used on a vehicle other than the vehicle
registered when the permit was applied for will result in the confiscation
and loss of said permit for the remainder of the year. Copying or
duplication of a permit or otherwise creating or using a counterfeit
permit shall be strictly prohibited. Any person violating this subsection
shall be subject to any and all fines and penalties as set forth in
this article, the revocation of the permit and the potential violation
of a criminal charge pursuant to N.J.S.A. 2C:28-7 in the discretion
of the Municipal Court Judge.
E.
Any four-wheel-drive vehicle located on the beach within the City
of Ventnor must have the permit displayed on the driver side dashboard
as set forth in this section or the individual operating said motor
vehicle may be subject to a violation of this article and will be
required to leave the beach. All permits shall only be used for the
vehicles for which they were issued, and the lending or transfer of
said permits is strictly prohibited.
F.
There will be no erecting, setting up, or otherwise establishing
a canopy on the beach. No canopies shall be permitted to be placed
on the side of the vehicles nor shall canopies be placed in such a
manner as to reserve a space or spot on the beach for another four-wheel-drive
vehicle.
No vehicle shall be operated on the beaches of the City at a
speed in excess of 10 miles per hour. No person shall operate a vehicle
carelessly or without due caution or circumspection so as to endanger,
or be likely to endanger, a person or property. Vehicles must use
the Suffolk Avenue ramp only to enter and leave the beach. Drive at
your own risk.
A.
No vehicle shall be operated on the beach between the hours of 12:00
midnight and 7:00 a.m. (or sunrise, where it occurs later).
B.
No vehicle may be driven onto dunes or structures or devices erected
for the purpose of protecting dunes or erected for the purpose of
facilitating entry to the beach by pedestrians. No vehicle shall enter
onto private property without the permission of the owner. No vehicle
shall enter the beach area except at such locations and over such
roads and paths as are established by the City of Ventnor.
C.
No cooking, sleeping or camping is permitted on the beach area.
D.
No disposal of trash, waste or refuse shall be made on the beach
or dune areas at any time. No dumping of any substance is permitted
at any time.
E.
No vehicle shall be left unattended on the beach at any time.
F.
No parties, events or congregations of large numbers of persons and
vehicles shall be permitted without first obtaining the permission
(separate permit for beach party) of the City of Ventnor. No use of
exterior speakers or lights shall be permitted without the permission
of the City of Ventnor.
G.
No vehicle operator or any person shall interfere with bathers or
pedestrians. No bathing or swimming shall take place, except on designated
bathing beaches while lifeguards are present.
H.
Any vehicle found in violation of any section of this article is
subject to be removed from the beach area on order of any officer
charged with enforcement of this article. Any vehicle which presents
a hazard to safety, navigation, or property may also be removed. All
costs for such removal shall be the responsibility of the operator,
permittee, or registered owner of the vehicle.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Entry to the beaches shall only be made at such locations as
may be designated by the City of Ventnor, and the permittee shall
comply with all rules and regulations governing the use of vehicles
on the beach. In the event that the City or its authorized representatives
determine that it is in the best interest of public safety, the beaches
may be closed or the locations of entryways or signs may be altered
at any time.
The provisions of this article shall not apply to municipal
employees who may be required to enter upon the beaches in the performance
of their municipal duties or functions, nor to any governmental agency,
its employees, agents, contractors and subcontractors who may be engaged
in beach restoration or protection work.
A.
There shall be a limit of 250 permits issued for the permit year. An applicant for a permit will pay a fee in the amount set forth in Chapter 114, Fee Schedule, at the time of the issuance of the permit, which permit shall be valid from the date of issue until 12:00 midnight on December 31 of the year it was issued for the fishing derby. A full season will be valid from January 1 until April 30 and September 15 to December 31 until 12:00 midnight of the year it was issued for the full season and will receive a device or insignia which must be displayed on the vehicle. A fee in the amount set forth in Chapter 114, Fee Schedule, will be charged to replace permits which are lost. Special event permits shall be valid only for the day or period of time for which they are issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
An application form for a permit may be received by mail or may be
picked up in person at City Hall. The permit must be picked up in
person at City Hall or such place as may be designated.
C.
The City reserves the right to close any or all of the areas where
four-wheel-drive vehicles may be used or to limit the number of vehicles
permitted into any or all designated areas whenever it deems it necessary
to preserve the public health, safety or welfare.
D.
Donated permits for active members of military.
(1)
Each year, the City of Ventnor, in its discretion, may donate five
permits to the Ventnor VFW. Said permits shall be transferable from
vehicle to vehicle; however, the same may only be used by individuals
or active members of the United States military. The permits may only
be placed on vehicles which are owned by the individual who is an
active member of the military or a spouse residing in the same residence
as the active military member. For the purpose of this subsection,
a person shall be considered in active military service only if:
(2)
For the purpose of this subsection, "initial active duty training"
means basic military training, for the members of the New Jersey Air
National Guard, and basic combat training and advanced individual
training for members of the New Jersey Army National Guard.
(3)
The permits are strictly prohibited from being used by anyone who
is not an active member of the military service or his/her spouse
and are only authorized for use on a vehicle owned by said member
of the active military service or his/her spouse.
Any person who shall violate any of the provisions of this article
shall, upon conviction by the Municipal Court of Ventnor or such other
court as shall have jurisdiction, pay a fine of not more than $1,000
or be subject to imprisonment for not more than 90 days, or both.
In addition to such penalty, the Municipal Court may require the offender
to restore all damage done to public or private property, and the
Municipal Judge may require forfeiture of the beach vehicle permit
authorized by this article.
This article shall be enforced by the Police Department of the
City of Ventnor, any duly appointed law enforcement agency of the
State of New Jersey or its subdivisions, the Ventnor Beach Patrol
or any special enforcement officers designated by the Chief of Police
or designee.
