Township of Little Egg Harbor, NJ Chapter 165 Docks, Use of

[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

§ 165-1 Definitions.

As used in this chapter, the following terms shall have the following meanings indicated:

PERSON

Any person, persons, firm, partnership or corporation.

§ 165-2 Permit required.

No person shall dock a boat at the public dock slips in the Township of Little Egg Harbor without first having obtained a permit for such privilege in the manner hereinafter provided, nor shall any person use, take or occupy one or more boat slips or spaces until a permit for that purpose has been obtained.

§ 165-3 Use restricted.

No person shall use the public docks or any part thereof as a boat slip or space, except that portion of said dock now or hereinafter set apart for boat slips or spaces.

§ 165-4 Application; requirements for receipt of permit.

A. Any person desiring to obtain a permit for use of the public boat slips shall do so by filing an application with the Township Clerk or authorized designee for a permit for the use of said dock slip or space.

B. In order to receive a permit for a boat slip or space, the applicant must meet the following requirements:

(1) Present proof that the applicant is a permanent resident of the Township of Little Egg Harbor, or owns a house and property, or a commercial building and property, within the Township of Little Egg Harbor.

(2) Present proof of a valid New Jersey boat registration or a Coast Guard certificate for the boat which is to be docked at the slip.

(3) Pay the required rental fee as set by the Township Committee by resolution.

§ 165-5 Issuance of permit.

If the applicant meets all of the qualifications set forth in this chapter and boat slips are available, the Township Clerk or authorized designee shall issue a permit for the boat slip, designating thereon that the boat shall utilize said slip or space. Said permit shall be issued only after the applicant has executed a lease agreement with the Township of Little Egg Harbor concerning said boat slip. The lease agreement shall be in the form approved by the Township Committee by resolution. After the execution of the lease agreement and the issuance of a permit, no other boat shall occupy the slip, except the boat designated on the permit, without the consent of the Township of Little Egg Harbor, which must be given in writing.

§ 165-6 Authorization to act on applications.

The Township Clerk or authorized designee shall have the right and power to act upon all applications for the issuance of permits, which right and power of the Township Clerk or authorized designee shall, however, be subject to final approval of the Township Committeeperson in charge of docks.

§ 165-7 Time limit for permits.

All permits issued shall be for a period of one year commencing April 1 through March 31, inclusive.

§ 165-8 Refunds.

Refunds will be made on a prorated schedule based upon the remaining months left in the rental period. Said refunds will only be made in the following instances upon the request of the applicant or the applicant's representative:

A. Death of the named applicant.

B. Entire loss of the boat for which the permit was issued.

§ 165-9 Availability of slips; waiting list.

A. Rental slips will become available on April 1 of each year and shall first be offered to those persons who held permits for said slips at the end of the previous year. Rental slips that become available due to the failure of the previous permit holder to make application for the same, or for any other reason, will be issued to applicants on a waiting list. Names will be listed on the waiting list in the chronological order that they applied for the permit.

B. There shall be an original and two copies of said waiting list. The original shall be kept in a safe in the Township Clerk's office. Both the Township Clerk, or authorized designee, and the Township Administrator shall keep a copy of said list.

§ 165-10 Prohibition on transfer of permit.

Permits issued by the Township for the use of boat slips cannot be transferred to another individual under any circumstances; provided, however, that if a permit is issued to a husband and wife, upon the death of either the husband or the wife, the permit can be transferred to the name of the surviving spouse.

§ 165-11 Violations and penalties.

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,250, imprisonment for a term not to exceed 90 days and/or a period of community service not to exceed 90 days. The continuation of such violation for such successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.