Avalon Mayor Martin Pagliughi issued his second directive to the community during the Covid-19 pandemic. The second directive relies on executive and administrative orders issued by the State of New Jersey and prohibits all short-term rentals indefinitely, and prohibits non-essential visitation not exempted by gubernatorial executive order. Additionally, all public beaches, boardwalk, recreational fields, playgrounds, and the kayak park are closed until further notice; the directive includes restrictions on municipally-operated marinas. The Borough has cancelled all special events up until Memorial Day weekend.
“Avalon must make these difficult decisions as federal, state, and county leaders all stress that social distancing and stay at home orders are necessary to get through this pandemic”, Pagliughi said. “There will be a time when properties can be rented, and visited freely, but that time is not now. I’m asking every property owner and rental platform to strictly adhere to these painful but necessary executive orders and directives as health and safety are our only priorities at this time”.
The directive dated April 6, 2020 also closes additional public facilities including recreational fields, the kayak park, the beaches, and the boardwalk until further notice. Restrictions at Bay Park Marina and the Sports Fishing Center are delineated in the directive. “Simply stated, for now, Avalon is not open for business. The same, or greater, restrictions that are in place for renters and property owners at their primary homes are also in place for Avalon. We will take responsible, necessary steps to ensure that stay at home orders are followed. Stay at home means just that, stay at your primary residence”.
Avalon has also cancelled special events leading up to Memorial Day weekend, including the Avalon Garden Club Plant Sale and annual Yard Sale; bulk trash collection; the community paper shredding day; police department surplus auction; the fire department hoagie and plant sale; and the Avalon Chamber of Commerce Wine and Spirits Festival. Previously, the Borough cancelled AHLOA’s “Community Connections”; Clean Ocean Action Beach Sweep; Easter Egg Scramble; and Arbor Day celebration, among others. The spring bulk trash pickup will be re-scheduled for mid-June. Property owners are not to put bulk trash out to the curb until allowable per the rescheduled date, to be announced. The community paper shredding day is postponed and will be held at a later date.
The next municipal court date is now scheduled for June 1, 2020. April and May court dates have been cancelled.
Avalon’s municipal website, www.avalonboro.net, has links to all municipal and county announcements regarding the Covid-19 pandemic.
Here is a copy of the Mayor’s executive order dated April 6, 2020
BOROUGH OF AVALON
Cape May County, New Jersey
OFFICE OF THE MAYOR
Martin L. Pagliughi, Mayor
MAYOR’S EXECUTIVE ORDER 2020-6
ISSUED APRIL 6, 2020 EFFECTIVE APRIL 7, 2020
TO: ALL BOROUGH RESIDENTS and VISITORS.
ALL BUSINESS AND COMMERCIAL OPERATIONS IN THE BOROUGH
ALL OWNERS AND EMPLOYEES OF BUSINESSES OPERATING IN AVALON
ALL BOROUGH EMPLOYEES and
OTHER INTERESTED PARTIES
WHEREAS, New Jersey Governor Murphy has issued a series of Executive Orders (“EO”)to protect the public health, safety, and welfare of all New Jersey residents during the COVID-19 Pandemic which include:
- EO 103(2020) issued on March 9,2020 which declared a Public Health Emergency and State of Emergency in New Jersey;
- EO 107(2020) issued on March 21, 2020 which closed all non-essential retail businesses and imposed a ban on travel and directed all residents to stay-at-home except for limited and necessary exceptions;
- EO 108(2020) issued on March 21, 2020 which recognized that municipalities may have legitimate concerns about an influx of new visitors and the resulting public health concerns as the entire state endeavors to comply with social distancing measures and avoid unnecessary increases in density of individuals and, accordingly, provided municipalities with the ability to impose restrictions with respect to online marketplaces for arranging or offering lodging;
WHEREAS, on April 4, 2020, the Superintendent of the New Jersey State Police who serves as the State Director of the Office of Emergency Management issued Administrative Order (“AO”) 2020-8, to become effective April 5, 2020 at 8:00 p.m., which amended EO 108 “to allow municipalities and counties to impose additional restrictions in response to COVID-19 on the ability of hotels, motels, guest houses, or private residences, or parts thereof, to accept new transient guests or seasonal tenants”
WHEREAS, the Borough fully appreciates the value of our seasonal visitors but in the current health crises must take all action reasonably necessary to prohibit seasonal visitors and seasonal rentals in order to help reduce the risk of spreading the COVID-19 to and among the residents of Avalon; and
WHEREAS, seasonal rentals are already implicitly prohibited by the travel-ban and stay-at-home order contained in EO 107 and, moreover, traveling to a seasonal rental or traveling to a second-home is not one of the recognized exceptions for travel contained in EO 107; and
WHEREAS, the only travel exceptions contained in EO 107 are the following:
“All New Jersey residents shall remain home or at their place of residence unless they are
- 1)obtaining goods or services from essential retail businesses,
- 2) obtaining takeout food or beverages from restaurants, other dining establishments, or food courts,
- 3) seeking medical attention, essential social services, or assistance from law enforcement or emergency services,
- 4) visiting family or other individuals with whom the resident has a close personal relationship, such as those for whom the individual is a caretaker or romantic partner
- 5) reporting to, or performing, their job
- 6) walking, running, operating a wheelchair, or engaging in outdoor activities with immediate family members, caretakers, household members, or romantic partners while following best social distancing practices with other individuals, including staying six feet apart
- 7) leaving the home for an educational, religious, or political reason
- 8) leaving because of a reasonable fear for his or her health or safety; or
- 9) leaving at the direction of law enforcement or other government agency.
WHEREAS, on April 4, 2020 the New Jersey Attorney General and Colonel Callahan issued reminders to all residents of New Jersey that violations of the Governor’s Emergency Orders
constitute a disorderly persons offense carrying a potential sentence of up to six months in jail and a fine of up to $1,000.00 and, depending on the circumstances could face other charges as well and stated that the Attorney General’s Office and New Jersey State Police will continue to work with law enforcement throughout New Jersey to deter “non-compliant behavior”;
NOW, THEREFORE, I HEREBY ORDER AND DIRECT AS FOLLOWS:
- All transient, seasonal, and/or other short-term rentals in the Borough of Avalon are hereby PROHIBITED, effective immediately and until further notice. This Municipal Executive Order is entered pursuant to the authority of EO 107, EO 108 and AO 2020-8 and shall remain in effect for so long as the referenced EO’s remain in effect or until such time as this Municipal Executive Order is rescinded or modified.
- All seasonal hotels and motels, bed & breakfast inns, condominium-motels, guest houses and all other similar type businesses in the Borough of Avalon and all rentals of private homes by owner(s) or agents of owner(s) are hereby prohibited from engaging in all transient, seasonal, and/or short-term rentals for the time specified in the preceding paragraph.
The following Borough facilities will close effective April 7, 2020 at 5:00 p.m. and until further notice:
The Avalon Beach extending from Townsend’s Inlet to 80th Street and the Avalon Boardwalk for its entire length is closed effective April 6, 2020 at 8:00 p.m. until further notice.
All Borough recreation fields and playgrounds (Basketball courts and pickle ball courts were previously closed and will remain closed for the duration of this Order.
Public restrooms at Surfside Park, 8th Street Recreation Fields, and 39th Street will be closed. The same shall be cleaned and sanitized upon closure or within a reasonable time thereafter and locked and secured. The Public restrooms at 30th Street and Dune Drive and at 10th Street and Dune Drive will remain open and shall continue to be cleaned and sanitized daily in accordance with the established schedule.
Municipal Marinas – including boat slips, boat ramps and approaches to the marina and docks and Kayak Park– shall be closed since marinas are not essential services or businesses as specified in Gubernatorial Executive Order 107 issued on March 21, 2020 except as herein indicated:
- Boat owners who have placed boats into slips prior to this Order may continue to leave such boats at the marina but in doing so owners must comply with social distance requirements.
- Boat owners who must remove boats from winter storage by a date certain, may have access to their assigned slip for the purpose of docking/using their boat but in doing so owners must comply with social distance requirements.
- Head boats, and charter boats shall not operate from municipal marinas for the duration of this Order.
- Moran’s restaurant may operate for take-out orders only with no on-site congregating and the patio deck shall remain closed for the duration of this Order. Take-out orders must be consumed on boats observing social distance requirements or consumed off-site.
- Borough employees will not be present or working at Bay Park Marina
ALL COMMUNITY EVENTS
All community and special events that were scheduled to be conducted between now and May 22, 2020 are hereby cancelled. The Annual Spring Bulk Trash pick-up will be rescheduled for a time in June 2020. The annual paper shredding is postponed and will be rescheduled for a future date and time to be determined.
The times and durations set forth in this Order may be changed or extended as future circumstances may require.
I appeal to everyone to obey the Emergency Orders which have been issued by the Governor for the health and protect of all residents during this time of national crises. While the effect of these Orders may impose considerable inconvenience and interfere with the freedom of movement and activity that we have come to expect and take for granted, the fact remains that we are dealing with matters of life and death and the coming days are expected to be drastic in the State of New Jersey. So, I urge you to comply with the emergency orders, regardless of the inconvenience, for it is truly for your safety.