Deal, NJ

[1BLACKFISH]

The law states swim or bath? Where is the word scuba dive or the words spear fishing? For me the word swim meaning on top of the water and bath meaning soap and water? Ask for a trial plead not guilt .who ever signed the complaint has to apear in court.and the wording on the complaint has to state what law you broke and they you can nit pick on the words.and rember the public trust doctrin..about the hi tide line?or once again is deal not part of the united states of america? Rember when pt. Pleasant (jenkinsons) had a fence going around the rock jetty leading out to the tip of the rocks to stop diver and fisherman from using the jetty that the w.p.a. Built during the depression of 1929. With our money yea tax payers money.it took many years to resolve that but it gone . For many years i would have to squeeze around that chain link fence. And have life guards yelling at me to leave and get off there property..and for me to show my jersey index finger and tell them to follow me into the ocean and see if they could catch me as i slip under the waves and exit at the parking lot

[FLETCHOSAURUS]

Originally Posted by Intaugnito

Ord 51.28f = As of Jan 1, 2013 anyone stepping in the fishing vessel Intaugnito may no longer pay their way in gummie bears, poptarts, or donuts. Anyone wishing to dive deal must pay their way in folding greenbacks and produce paperwork proving they are not natives.

what about watermelons?

[njdiver]

Originally Posted by 1BLACKFISH

The law states swim or bath? Where is the word scuba dive or the words spear fishing? For me the word swim meaning on top of the water and bath meaning soap and water? Ask for a trial plead not guilt .who ever signed the complaint has to apear in court.and the wording on the complaint has to state what law you broke and they you can nit pick on the words.and rember the public trust doctrin..about the hi tide line?or once again is deal not part of the united states of america? Rember when pt. Pleasant (jenkinsons) had a fence going around the rock jetty leading out to the tip of the rocks to stop diver and fisherman from using the jetty that the w.p.a. Built during the depression of 1929. With our money yea tax payers money.it took many years to resolve that but it gone . For many years i would have to squeeze around that chain link fence. And have life guards yelling at me to leave and get off there property..and for me to show my jersey index finger and tell them to follow me into the ocean and see if they could catch me as i slip under the waves and exit at the parking lot

Beach access in New Jersey has been a gold mine for lawyers for decades. Especially now with the new regulations for municipal access plans. We can only wait and see what the towns and the DEP accomplish with them.

[Dberry78]

I put the Avalon prosecutor in his place last year.

[nilsonov]

dberry, care to elaborate?

[GoNavy]

From the guys I've seen around and talked to here is what I've heard -

1. Anyone swimming is considered a person without a board or diving gear.
Thus - Surfers are ok, divers (assuming you have a float) are ok

2. Parking is only permitted in a few locations - don't mess with it.

3. I have been stopped by game wardens in Deal. I know they don't enforce other stuff, but the guy never mentioned anything about problems swimming/diving... I think he would have too, because he stopped me to ask me about the other divers on the beach. He suspected them of keeping shorts (Fluke). I told him where they were and kind of helped him out.... So if he had heard or knew of issues... I'd hope he'd have thrown me the info.

4. I have heard that the cops specifically wait at a few jetties to snag people. They even ordered "Swimmers" out of the water.


While I'm sure everyone thinks the cops in Deal are a problem - they've also had people drown on the beaches. It was either a year or two ago.... I had a friend who witnessed it. The guy kind of got stuck in a rip, got pulled along and died. So... The cops do need to keep the wrong people out of the water. If you have a board, though - you should be ok.

[Dberry78]

Very Long story short, in court I read the definition of a navigable waterway. I then read the section of the state code that states that diving is legal in all navigable waterways of the state except the following (nothing that pertained to me.) I then read an excerpt from an nj court case in which the judge explained a township could not prohibit the public from using the sea for recreational purposes. I then explained the public trust doctrine. I then posted a map of the ocean off Avalon and explained that I frequently dive a spot approximately 4.5 miles off the beach. Are you telling me I cannot dive this spot, 4.5 miles off the beach? Prosecutor is like of course you can that's way off the beach. I said I also dive this spot here, approximately 2 miles off the beach. Do you believe Avalon has the power to trump state law according to state code and ticket me for diving here? He's like no...... So I asked him to draw the imaginary line where he feels he could impose Avalons will disallow diving off of its beaches. He turned to the judge and asked him to dismiss the ticket. Their argument, btw, was that Avalons beaches are "protected" therefore they can do what they have to to protect their beaches and the safety of others, and me spearfishing off the beach jeapardizes safety, even if I accessed it without ever stepping on Avalon property. F them.

[Dberry78]

And game wardens don't enforce anything other than state code. I hunt in a no firing ordinance town and the game warden just checks for lisences, and tells us to watch out the cops will catch us one day, and wish us luck with it. Lol.

[Burnz]

Gotta love NJ...

[Dloat]

Originally Posted by Dberry78

Very Long story short, in court I read the definition of a navigable waterway. I then read the section of the state code that states that diving is legal in all navigable waterways of the state except the following (nothing that pertained to me.) I then read an excerpt from an nj court case in which the judge explained a township could not prohibit the public from using the sea for recreational purposes. I then explained the public trust doctrine. I then posted a map of the ocean off Avalon and explained that I frequently dive a spot approximately 4.5 miles off the beach. Are you telling me I cannot dive this spot, 4.5 miles off the beach? Prosecutor is like of course you can that's way off the beach. I said I also dive this spot here, approximately 2 miles off the beach. Do you believe Avalon has the power to trump state law according to state code and ticket me for diving here? He's like no...... So I asked him to draw the imaginary line where he feels he could impose Avalons will disallow diving off of its beaches. He turned to the judge and asked him to dismiss the ticket. Their argument, btw, was that Avalons beaches are "protected" therefore they can do what they have to to protect their beaches and the safety of others, and me spearfishing off the beach jeapardizes safety, even if I accessed it without ever stepping on Avalon property. F them.

You're my lawyer if I ever get harassed again haha

[njdiver]

Originally Posted by Dberry78

Very Long story short, in court I read the definition of a navigable waterway. I then read the section of the state code that states that diving is legal in all navigable waterways of the state except the following (nothing that pertained to me.) I then read an excerpt from an nj court case in which the judge explained a township could not prohibit the public from using the sea for recreational purposes. I then explained the public trust doctrine. I then posted a map of the ocean off Avalon and explained that I frequently dive a spot approximately 4.5 miles off the beach. Are you telling me I cannot dive this spot, 4.5 miles off the beach? Prosecutor is like of course you can that's way off the beach. I said I also dive this spot here, approximately 2 miles off the beach. Do you believe Avalon has the power to trump state law according to state code and ticket me for diving here? He's like no...... So I asked him to draw the imaginary line where he feels he could impose Avalons will disallow diving off of its beaches. He turned to the judge and asked him to dismiss the ticket. Their argument, btw, was that Avalons beaches are "protected" therefore they can do what they have to to protect their beaches and the safety of others, and me spearfishing off the beach jeapardizes safety, even if I accessed it without ever stepping on Avalon property. F them.

Please post the case number and date for your victory. I would like to get a transcript of the procedings for future reference. Also please post a reference to that "NJ court case" you mentioned.