Community Corner

Point Pleasant Beach Introduces New Ordinance For Beachfront

This ordinance was introduced on the heels of a lawsuit by Jenkinson's against the borough that was thrown out last month.

(Google photo)

POINT PLEASANT BEACH – The Point Pleasant Beach borough council introduced an ordinance that made amendments to the municipality’s rules and regulations regarding the beachfront during Tuesday's meeting.

According to Mayor Paul Kanitra, this ordinance results from the town and Jenkinson’s coming together after a federal judge tossed out a lawsuit filed by Jenkinson’s last month.

“At the time of the legal victory, I asked for Jenkinson’s to stand down on legal action and work with the borough for the betterment of the town, the residents, and our summer guests,” Kanitra said.

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“Last week, Jenkinson’s reached out to me to express that they were not looking to file any further lawsuits and want to do just that.”

Kanitra went on to say that Jenkinson’s was fine with what the borough was asking for, including cooler size restrictions, making the minimum age 18 for checking coolers for contraband, keeping alcohol consumption to ABC-sanctioned areas, and noise restrictions.

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In return, according to the mayor, Jenkinson’s wanted certain language to be cleared up, including beach opening times and tent size for the volleyball league.

Here is the ordinance:

BOARDWALK, BEACHES, AND OCEAN WATERS

Operating Season.

Unless determined otherwise by a resolution of the Borough Council, the general operating season shall commence on May 1 and continue through October 15. During the operating season all people using the beaches and the ocean waters during operating hours shall obtain and display an appropriate beach badge as required by the owner of the beaches.

Hours

Daily operating hours at the oceanfront during the operating season shall be as follows, except during inclement weather:

  1. Saturday, Sunday and Holidays: 8 a.m. to 7 p.m.
  2. Monday to Friday: 8 a.m. to 7 p.m.
  3. Surfers, fishermen, and those using self-contained underwater breathing apparatus (SCUBA) equipment may access the beach, at their own risk, to surf, fish, or dive after the beach closes, but may not remain on the beach when not surfing, fishing or diving.
  4. Exercising east of the mean high water mark is permitted at all times. Exercise classes may be held on the beach at any time with the permission of the owner.
  5. Special events may be held on the beach after 7 p.m. Any and all required state, county, and/or local permits for any such events must be obtained.

Contraband

  1. No one who operates a beach and charges a fee shall allow any employee under the age of 18 to inspect patrons or their possessions for alcohol and/or illegal or controlled substances.
  2. Oceanfront bathing is permitted only when lifeguards are on duty regardless of operating hours. No one shall enter the bay or ocean when lifeguards are not on duty, except with a surfboard, paddleboard or the like, or while using self-contained underwater breathing apparatus. Any such entry when lifeguards are not on duty is at the entrant’s own risk.

Closing Time.

  1. All people are restricted from remaining on the beaches after 7 p.m. except with special permission of the owner.

Prohibited Acts.

No one shall do any of the following things at or upon the Boardwalk and/or beaches or the ocean waters located in the borough:

  1. Throw, drop, discard, dump, or leave any wastepaper, garbage, or other refuse, or in any way litter, make unsightly, damage, destroy or disfigure said beach, dune, water, or any public or private property.
  2. Sell, peddle or hawk any food, drink or confections, with the exception of those licensed to do so by the borough.
  3. Make any loud noise, sound or music to the annoyance of any other person, or use loud, profane or indecent language.
  4. Play ball, or ride or operate a surfboard, or engage in any other activity which will endanger another person or interfere with the enjoyment of the quiet use of the beach.
  5. Take any intoxicating liquor upon the beach, or any glass con­tainers or bottles.
  6. Take or permit a dog to be or go upon the beach without a leash or after 7:30 a.m. from May 15 to September 15. Permit a dog to be on or upon the Boardwalk.

No one shall go into the water, or remain in the water:

  1. When it is unsafe to do so;
  2. When directed by a public lifeguard to come out of the water;
  3. When intoxicated;
  4. Farther than directed by a lifeguard; or
  5. In violation of a reasonable order of a lifeguard when the safety of the bather is or may be endangered by going into the wa­ter.
  6. Molest or disturb any person in the peaceful enjoyment of beach or bathing facilities.
  7. Refuse or neglect to obey the orders and directions of a lifeguard as to time, place and distance for bathing, or resting on the sand, or otherwise for social distancing, or interfere with or obstruct a police officer or lifeguard in the performance of his or her duty.
  8. Operate a privately owned beach buggy or other motor vehicle on the beach at any time except with the permission of the owner of the beach.
  9. Smoke or burn a lighted cigar, cigarette or pipe, including any handheld electronic device which vaporizes a liquid (such as e-cigarettes, e-cigs, electronic nicotine delivery systems, electronic non-nicotine delivery systems, personal vaporizers, PVs), or any other matter or substance which contains tobacco on any property owned by the federal, state, county or local government east of the entrance to the Boardwalk or on the beach;

No one shall bring any of the following onto a beach:

  1. Coolers larger than 13 inches in width, or length, or height and/or has a capacity greater than nine (9) quarts.
  2. Serving trays, warming trays, pots, pans, devices, equipment or utensils utilized for the preparation or storage of food.
  3. Canopy style sun shades bigger than 7 x 7 and any size canopy style sunshade with side walls including tents and tent clusters – except that during daylight hours for sanctioned athletic events and special events only a tent may be as much as 10 foot by 10 foot with the express permission of those in charge of operating the beach.
  4. Devices designed or used to shade infants and small children, also known as “baby tents,” larger than 36 inches high by 36 inches wide by 36 inches deep.
  5. Umbrellas with a collapsible circular shade greater than eight feet in diameter or radiating from a center pole greater than 8 feet in height or with grounding lines, ropes, or sides.
  6. Umbrellas, baby tents and canopies anchoring lines, tethers, or the like that extend beyond the perimeter of the umbrella, the baby tent or canopy.
  7. Tables or stands or boards or other devices positioned to function as a table.
  8. Cook on the Beach
  9. Bring a drone onto or operate a drone on the Beach without the permission of the owner.

Policing.

The police in the municipality shall police the beaches, Boardwalk, and waterfront located in the borough.

Dogs

  1. No dogs shall be permitted in or upon the boardwalks, beaches, recreation areas, play areas or public parks of the Borough whether the dog be on a leash or otherwise, with some exceptions.
  2. The owner of any dog under the control of a leash may take or permit a dog to be or go upon the beach from September 15th through May 15th. In addition, the owner of any dog under the control of a leash may take or permit a dog to be or go up on the beach after sunrise and before 7:30 a.m. from May 15 to September 15. Dogs are prohibited on the boardwalk at all times.

In addition, a joint statement from both the borough and Jenkinson’s about the ordinance and the beachfront will be released next week.

“Jenkinson’s deserves a ton of praise for this huge development,” Kanitra said. “They proved their commitment to ensuring Point Pleasant Beach stays New Jersey’s premier family-friendly destination for generations to come.”

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