Ventnor City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 72.
Boardwalk — See Ch. 79.
Boating ramps — See Ch. 82.
Parks and playgrounds — See Ch. 170.
Piers — See Ch. 174.
Sand dunes — See Ch. 182.
Surfing and kayaking — See Ch. 201.
[Adopted 7-14-1975 by Ord. No. 7519]

§ 81-1 Purpose.

It is the decision of the Board of Commissioners of the City of Ventnor City that the use and operation of sailboats on the beaches of Ventnor City should be limited and controlled in order to protect the safety, health and well-being of all citizens using said beaches.

§ 81-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
HURRICANE
A tropical cyclone in the Atlantic, Caribbean Sea, Gulf of Mexico or eastern Pacific, in which the maximum one-minute sustained surface wind is 64 knots (74 mph) or greater.
[Added 10-16-2014 by Ord. No. 2014-23]
MAJOR FLOODING
8.0 feet or greater, extensive inundation of structures and roads, and includes significant evacuations of people and/or transfer of property to higher elevations.
[Added 10-16-2014 by Ord. No. 2014-23]
NOR'EASTER
A strong low-pressure system that affects the Mid Atlantic and New England states. It can form over land or over the coastal waters. These winter weather events are notorious for producing heavy snow, rain and tremendous waves that crash onto Atlantic beaches, often causing beach erosion and structural damage. Wind gusts associated with these storms can exceed hurricane force in intensity. A nor'easter gets its name from the continuously strong northeasterly winds blowing in from the ocean ahead of the storm and over the coastal areas.
[Added 10-16-2014 by Ord. No. 2014-23]
OPERATE
To navigate or otherwise use a sailboat.
OWNER
A person other than a lien holder having the property interest in or title to a sailboat. The term includes a person entitled to the use or possession of the sailboat.
SAILBOAT
A vessel or water craft capable of being used as a means of transportation on water and propelled wholly by sails.
TROPICAL STORM
A tropical cyclone in which the maximum one-minute sustained surface wind ranges from 34 to 63 knots (39 to 73 mph) inclusive.
[Added 10-16-2014 by Ord. No. 2014-23]

§ 81-3 Exemptions.

All rubber or canvas-type rafts or surfboards are exempted from this article insomuch as they are otherwise regulated.

§ 81-4 Exclusion of power vessels from beaches.

Specifically excluded from use upon the beaches are boats or power vessels temporarily or permanently equipped with machinery for propulsion.

§ 81-5 License required.

Every owner of every sailboat, as defined above, shall be required to obtain a license from the City of Ventnor City before bringing or being permitted to bring or using any sailboat on any beach in the City of Ventnor City.

§ 81-6 Issuance and term of licenses.

[Amended 3-28-1977 by Ord. No. 7703; 5-11-1981 by Ord. No. 8118]
All licenses for the use and operation of sailboats shall be issued by the City Clerk of the City of Ventnor City. No more than 20 licenses shall be issued during any year, except that this number may be changed by amendment to this article by the Board of Commissioners. Licenses shall be for a term of one year, running from May 1 to April 30.

§ 81-7 License application information.

The Clerk of the City of Ventnor City shall provide application forms for all licenses. Said forms shall provide as follows:
A. 
Applicants shall be at least 16 years of age.
B. 
First preference in the issuance of licenses shall be given to Ventnor residents. Upon distribution to all Ventnor residents, then nonresidents shall be considered in the order of their application.
[Added 6-4-1979 by Ord. No. 7904]
C. 
New applicants must pass an appropriate swimming test and an appropriate sailing test given and supervised by such person or persons as may be designated by the Chief of the Ventnor City Beach Patrol. New applicants must complete both tests during the period of June through September within twelve consecutive calendar months from the date of the initial notification of eligibility by the City Clerk.
[Amended 10-16-2014 by Ord. No. 2014-23]
D. 
The sailboat shall not be more than 18 feet in length, and a complete description setting forth the make, number (if any), color of hull, color of sails and design shall accompany the application.
E. 
The licenses to be issued by the City shall not be transferable.
F. 
Each owner shall submit to the Clerk, together with the application, a paid-up insurance policy covering liability for injury to any person, persons and property in the minimum amount of $50,000 per occurrence, $100,000 aggregate.
[Amended 6-20-2013 by Ord. No. 2013-14]
G. 
The license decal issued by the City of Ventnor City shall be permanently attached to the outward side of the starboard bow of the sailboat.
[Amended 10-16-2014 by Ord. No. 2014-23]
H. 
New applicants, after meeting the requirements of §§ 81-7F and 81-8, may store and operate a sailboat on the Ventnor City beach at a designated location for training and testing during the months of June through September.
[Added 10-16-2014 by Ord. No. 2014-23]

§ 81-8 License fee.

[Amended 6-4-1979 by Ord. No. 7904; 3-20-2014 by Ord. No. 2014-05]
The sailboat owner's one-year license fee hereunder shall be the sum of $150 and shall be payable in advance each year.

§ 81-9 Authority over sailboats.

[Amended 10-16-2014 by Ord. No. 2014-23]
A. 
The Chief of the Ventnor City Beach Patrol or his/her designee will designate on which beaches sailboats may be stored, launched and operated. Dolly wheels shall be permitted at the water's edge or center of the beach only when the sailboat is in use, which shall be defined as any time that an owner of a sailboat is rigging, sailing or moving the sailboat to and from the water. When the sailboat is not in use, the dolly wheels shall be stored with the boat.
B. 
The Chief of the Ventnor City Beach Patrol or his/her designee is further granted the authority to designate when said sailboats may be operated and to enjoin said operation when he determines that weather conditions make such operation inherently dangerous. In addition, the Chief of the Ventnor Beach Patrol or his designee may require all sailboats and related equipment to be removed from the Ventnor beach due to impending severe weather or beach restoration activities.

§ 81-10 Removal of boats.

[Added 6-20-2013 by Ord. No. 2013-14[1]; amended 10-16-2014 by Ord. No. 2014-23]
In addition to the requirement that all boats and all associated equipment and storage lockers must be removed pursuant to § 81-9A and B, permit holders shall be required to remove their sailboats and all associated equipment and storage lockers from the beach and to a safe storage location in the event the National Weather Service declares, for Coastal Atlantic County, a warning for any of the following weather events: tropical storm, hurricane, nor'easter, or any other serious weather events during which there is warning for major tidal flood and/or sustained winds of 55 miles per hour or more.
[1]
Editor’s Note: This ordinance also provided for the renumbering of former § 81-10 as § 81-11.

§ 81-11 Storage of boats.

[Added 10-16-2014 by Ord. No. 2014-23[1]]
A. 
Boats shall not be stored upon or in any way damage, destroy or interfere with any sand dune.
B. 
Trailers shall not be stored on beaches or at street ends.
C. 
All boats are to be anchored and maintained in such manner as to not cause noise.
D. 
No sailboat shall be permitted on the beach between the hours of 5:00 p.m. and 8:00 a.m. between December 1 and April 30 of any year.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 81-11 as § 81-12.

§ 81-12 Violations and penalties.

[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
Violation of any provision of this article shall make the party guilty thereof liable to a penalty of imprisonment not to exceed 90 days or by a fine not to exceed $1,000, or both. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.