Bill Text: NJ A3245 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits municipality to use proceeds of beach access fees for areas near beach facilities that are significantly affected by beach tourism; requires municipality to provide explanation of expenditures on website.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-09-24 - Introduced, Referred to Assembly Tourism and the Arts Committee [A3245 Detail]
Download: New_Jersey-2012-A3245-Introduced.html
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Permits municipality to use proceeds of beach access fees for areas near beach facilities that are significantly affected by beach tourism; requires municipality to provide explanation of expenditures on website.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning beach access fees and amending P.L.1955, c.49.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1955, c.49 (C.40:61-22.20) is amended to read as follows:
1. a. The governing body of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers which owns or shall acquire, by any deed of dedication or otherwise, lands bordering on the ocean, tidal water bays or rivers, or easement rights therein, for a place of resort for public health and recreation and for other public purposes shall have the exclusive control, government and care thereof and of any boardwalk, bathing and recreational facilities, safeguards and equipment, now or hereafter constructed or provided thereon, and may, by ordinance, make and enforce rules and regulations for the government and policing of such lands, boardwalk, bathing facilities, safeguards and equipment; provided, that such power of control, government, care and policing shall not be construed in any manner to exclude or interfere with the operation of any State law or authority with respect to such lands, property and facilities. Any such municipality may, in order to provide funds to improve, maintain and police the same and to protect the same from erosion, encroachment and damage by sea or otherwise, [and] to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, and to improve, maintain, and police local lands, property, and facilities that are located near lands bordering on the ocean, tidal water bays, or rivers, and that are significantly affected by beach tourism, by ordinance, make and enforce rules and regulations for the government, use, maintenance and policing thereof and provide for the charging and collecting of reasonable fees for the registration of persons using said lands and bathing facilities, for access to the beach and bathing and recreational grounds so provided and for the use of the bathing and recreational facilities, but no such fees shall be charged or collected from children under the age of 12 years.
b. A municipality may by ordinance provide that no fees, or reduced fees, shall be charged to:
(1) persons 65 or more years of age;
(2) persons who meet the disability criteria for disability benefits under Title II of the federal Social Security Act (42 U.S.C. s.401 et seq.);
(3) persons in active military service in any of the Armed Forces of the United States and to their spouse or dependent children over the age of 12 years; and
(4) 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 paragraph, "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.
c. A municipality providing for no fees or reduced fees pursuant to paragraph (3) or (4) of subsection b. of this section shall track, in a manner deemed appropriate by the governing body of the municipality, the number of persons who qualify under the provisions of those paragraphs.
d. A municipality that uses the proceeds of fees set forth in subsection a. of this section to improve, maintain, and police local lands, property, and facilities that are located near lands bordering on the ocean, tidal water bays, or rivers, and that are significantly affected by beach tourism, shall provide an explanation of the expenditure and its relation to areas significantly affected by beach tourism in its annual financial audit prepared pursuant to N.J.S.40A:5-4, and on the same website on which the municipal budget is published.
e. The Commissioner of Community Affairs shall have primary jurisdiction to enforce this act, and to hear any complaints concerning violations of this act.
(cf: P.L.2011, c.75, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill provides that the governing body of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers that charges a fee for access and use of the beach and bathing and recreational grounds may use the proceeds of those fees to improve, maintain, and police local lands, property, and facilities that are located near the beach and recreational facilities and that are significantly affected by beach tourism.
The bill also provides that a municipality that uses proceeds from these fees for areas near the beach and recreational facilities that are significantly affected by beach tourism must provide an explanation of the expenditure and its relation to beach tourism in its annual financial audit report, and on the same website on which the municipal budget is published.
Finally, the bill provides that the Commissioner of Community Affairs would have primary jurisdiction to enforce its provisions, and to hear any complaints concerning violations of its provisions.
