Toms River May Ticket Swimmers, Bans Ocean Access Amid Dangerous Surf

TOMS RIVER, NJ — With dangerous surf conditions and ocean rescues continuing to plague the Jersey Shore, Toms River has banned swimming at its ocean and bay beaches, and warns that violators could be ticketed and face fines.

Toms River Police Chief Mitchell Little, the township's emergency management coordinator, issued an executive order on Friday barring people from going into the ocean on Toms River's North Beach and Ortley Beach sections.

The emergency order bans swimming until the red flag warning is lifted, the order said. Violators face disorderly persons charges, the police department said. A disorderly persons offense carries a fine of up to $1,000 and the potential (though rare) of

Toms River Mayor Maurice "Mo" Hill on Thursday said it wasn't clear whether the township had the authority to ticket people who refuse to stay out of the water, but the emergency declaration provides police with that authority, officials said.

Under state law, NJSA App. A:9-49, a disorderly persons offense can be charged to any person who commits:

"any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people;"

commits one "during the threat or imminence of danger during any emergency that contributes to the loss of or destruction to property; or

"Hampers, impedes, or in any way interferes with any person who is performing any function authorized under this act; or

"Drives any motor vehicle in a prohibited area during a black-out or while an air raid alert is in progress or in any other manner contrary to the rules and regulations covering any period of danger or any emergency; or

e. Goes within a prohibited area contrary to rules and regulations; or

f. Refuse to obey the lawful orders of any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function during the threat or imminence of danger or any emergency; or

g. Refuse to cooperate with any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function in connection with activities during the threat or imminence of danger or any emergency; or

h. Violate any order, rule or regulation adopted by the Governor and promulgated as provider by this act; or

i. Violate any other provision of this act declared herein to be unlawful."

The maximum penalty is 6 months in jail, a fine up to $1,000, or both, according to the law.

“I don’t want anyone to drown this late in the season,” Hill said. “People have to exercise common sense.”