For the prosecutrix, Robert S. Hartgrove.
For the respondents, Leo J. Warwick.
Before Justices Parker, Bodine and Perskie.
The opinion of the court was delivered by
PERSKIE, J. The writ of certiorari in this cause brings up for review two ordinances providing for the maintenance and regulation of bathing beaches in the city of Long Branch, and the decision of the city clerk of that city, acting under
the challenged ordinances, rejecting prosecutrix' application for "a permit or license" to use the bathing facilities of Beach No. 1.
The first ordinance was passed on June 6th, 1933; the second was passed on June 7th, 1938.
Both ordinances appear to be innocuous. Generally stated, these ordinances, taken together, provide that the municipally owned or municipally controlled lands of the city of Long Branch, lying east of Ocean avenue, in that city, are to be maintained and operated as public beaches; that all persons desiring the "use" of the bathing facilities and "access" to said beaches shall "register" in the city clerk's office and upon paying the prescribed fee shall receive from said clerk "a badge, check or other insignia" which must be "worn" by the registrant, or "shown" at the request "of any officer or employe of the city;" that all badges, checks or other insignia issued are not transferrable; that the city clerk is authorized and directed" to issue (the) badges, checks and other insignia of distinctive design or color for the use of the respective beaches;" that all permits or licenses issued are subject to such regulations then in force or which may be promulgated during the period covered by the license or permit; that the governing authorities may adopt "additional rules and regulations for the government, use and policing of such beaches and places of recreation not inconsistent with the provisions of the ordinances."
Additionally, the second ordinance provides that it was enacted "for the purpose of avoiding congestion on any of said beaches, and for a proper distribution of patrons, and for the better protection and safety of patrons on said beaches * * *;" and that all persons violating any provisions of the ordinance shall upon conviction forfeit and pay a fine not exceeding $50 for each offense and upon failure to pay such fine may, in the discretion of the judge hearing the cause, be imprisoned in the county jail for a period not exceeding thirty days.
Pursuant to the authority, under the ordinances, the beach front in Long Branch was divided into four sections: Beach No. 1, Beach No. ...