Sponsored by:
Assemblyman REGINALD W. ATKINS
District 20 (Union)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Requires coastal municipalities to provide wheelchair ramp access to beach and to water on public beaches, and to have individuals available to assist people with disabilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning access to beaches in certain municipalities for people with disabilities 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:
(1) shall ensure the availability of an adequate number of ramps designed to provide wheelchair access to any municipal-owned beach, recreational facilities on or in close proximity to a municipal-owned beach, and to the body of water. The Commissioner of Community Affairs shall adopt guidance establishing standards for the number, prevalence, location, design, and accessibility of the ramps. The guidance shall address the feasibility of installing wheelchair ramps and the safety precautions associated with providing wheelchair ramp access to bodies of water, and shall ensure that the ramps comply with the federal Americans with Disabilities Act of 1990 (42 U.S.C. s.12101 et seq.);
(2) shall ensure the availability of an adequate number of personnel who are designated to assist people with disabilities to access the beach, recreational facilities on or in close proximity to a municipal-owned beach, and the body of water. The Commissioner of Community Affairs shall adopt guidance establishing standards for the number of designated individuals based on a ratio with the seasonal average number of people with disabilities who access the beach, recreational facilities on or in close proximity to a municipal-owned beach, and the body of water; and
(3) 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 , the installation of wheelchair access ramps pursuant to paragraph (1) of this subsection, and the employment of individuals designated to assist people with disabilities to access the beach and surrounding areas pursuant to paragraph (2) of this subsection, 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;
(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;
(5) 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. The Adjutant General of the New Jersey Department of Military and Veterans' Affairs shall promulgate rules and regulations pertaining to veteran eligibility under this paragraph; and
(6) persons holding a driver's license or identification card with a Gold Star Family designation issued pursuant to section 1 of P.L.2013, c.165 (C.39:3-10f6) or section 2 of P.L.1980, c.47 (C.39:3-29.3), respectively.
c. A municipality providing for no fees or reduced fees pursuant to paragraph (3), (4), (5), or (6) 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 person who qualifies for free access to beaches and bathing and recreational grounds and free use of bathing and recreational facilities pursuant to paragraph (3), (4), (5), or (6) of subsection b. of this section may, in lieu of obtaining and presenting a municipal beach tag or similar admission pass to gain such access and use, present a DD-214, DD-215, or DD-256 form as issued by the federal government, NGB-22 or other approved separation forms as outlined by all branches of the Armed Forces, a county-issued veteran identification card pursuant to P.L.2012, c.30 (40A:9-78.1 et seq.), a veteran identification card as issued by the United States Department of Veterans Affairs under the "Veterans Identification Card Act of 2015," (38 U.S.C. 5706) or similar document, or State driver's license or identification card indicating that the holder is a veteran of the Armed Forces of the United States or a Gold Star Family member.
e. A municipality that issues a permit to operate a motorized vehicle on a beach shall not charge a disabled veteran a fee to obtain, replace, or renew the permit.
For purposes of this section, "disabled veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been declared by the United States Department of Veterans Affairs, or its successor, to have a service-connected disability of any degree.
(cf: P.L.2019, c.500, s.7)
2. This act shall take effect immediately.
STATEMENT
This bill requires coastal municipalities to provide adequate wheelchair ramp access to municipal-owned beaches, recreational facilities on or in close proximity to municipal-owned beaches, and to the body of water. Under the bill, the Commissioner of Community Affairs is required to provide municipalities with guidan