[Adopted as Sec. 12-3 of the 1982 Revised
General Ordinances]
The members of the Police Department and the
Harbor Master, as the case may be, are hereby authorized and directed
to enforce this article.
A.
Exhaust. No boat propelled by engine power burning
gasoline, naphtha, fuel oil, kerosene, or other fuel used in internal-combustion
engines shall be operated upon waters within or bounding the Borough
without having the exhaust of the engine or motor muffled. An exhaust
entirely under water at all times while the boat is in motion will
be considered as muffled. The provisions of this subsection shall
not apply to any watercraft when in use during any official speed
boat regatta sponsored under the jurisdiction and authority of the
Borough Council, the Harbor Master or a duly recognized yacht club,
provided the regatta is officially sanctioned by the American Power
Boat Association.
B.
Speed limit. No boat propelled by engine power shall
exceed a speed of five miles per hour or a speed which creates a substantial
wake while entering, leaving or within any basin, lagoon or harbor
within the Borough limits.
A.
No permanent buoy shall be placed in the basins and
tide waters within the Borough without first obtaining the written
consent and approval of the Chief of Police. Permanent buoys shall
not be placed in any location where they will interfere with boats
leaving or going into slips, floats, piers or docks belonging to properties
bordering on any basins or tide waters, and they shall not interfere
with or make hazardous the general use of waters for navigation purposes.
B.
All buoys shall be painted and colored white, and
shall have ample freeboard, to show above the still water, not less
than 10 inches above and out of the still water, and the locations
shall be fixed by the Chief of Police. All permanent buoys shall be
either round, pyramidal or cone-shaped and shall not be located so
as to block or render hazardous mouths or entrances to the basins
and tidal waters in the Borough.
In order to prevent disease and thereby protect
the public health for those using the territorial waters of the Borough
of Stone Harbor, the following rules and regulations concerning the
use of such waters are hereby adopted:
A.
The dumping of garbage, food waste, offal or any other
waste or sewage materials, treated or untreated, into any of these
waters, is hereby prohibited.
B.
In order to assist in the enforcement of the provisions of Subsection A with respect to certain uses made of the waters, it is hereby declared that no person shall live upon, cook, or use toilet facilities on any boat docked or moored in these waters unless a permit in writing is first obtained from the Chief of Police. No permit shall be granted unless the Chief of Police is satisfied that complete and proper facilities have been provided and will be used in such a manner in order to prevent the possible contamination of these waters. No such permit or series of permits shall be issued for a period in excess of 48 consecutive hours. A maximum of one such permit per month shall be issued to any one permittee or for any particular boat. The definition of "boat" herein shall include but not be limited to a floating home as defined in § 170-12 hereof.
A.
Boat trailers, without boats, floating docks and ramps
may be stored on the raised stone marked "A" and "B" and lower asphalt
spaces marked "C" at the Marina Park between 80th and 81st Streets
as follows:
[Amended 9-4-2012 by Ord. No. 1409; 4-20-2021 by Ord. No. 1585]
B.
A storage permit must be obtained and fully paid for
before a boat trailer, dock or ramp is taken to the public Marina
for storage. Such permit shall set forth the name and address of the
permittee, the date of issuance, and the license plate number with
the state of issuance and the type and size or the trailer, dock or
ramp to be stored, together with the name and address of the owner
of same, which shall prominently be displayed during the storage upon
the dock or ramp. The owner of a boat trailer shall cause to be displayed
in a conspicuous manner upon the rear frame of the trailer a descriptive
decal license issued by the Borough of Stone Harbor. The owner of
the trailer, dock or ramp shall, prior to the issuance of the permit,
sign the permit form, which will contain the following language: "I/We
hereby agree to release and hold harmless the Borough of Stone Harbor,
its agent, servants and employees, from any liability for loss or
damage to the trailer, dock or ramp, which is the subject of this
permit, while stored at the Borough Marina." The issuance of the permit
shall constitute such a release by the owner to the Borough, its agent,
servants and employees.
C.
The fee for a storage permit shall be established
from time to time by resolution of the governing body of the Borough
of Stone Harbor. Storage of a dock or ramp after April 15 of the current
calendar year, and/or the storage of a boat trailer after November
15 of the current calendar year, are strictly prohibited, and any
violator shall pay a weekly additional storage charge as established
from time to time by resolution of the governing body of the Borough
of Stone Harbor for any week beyond the storage deadline or any part
thereof, which additional storage fee shall be in addition to any
penalties prescribed below. No trailer, dock or ramp shall be removed
from storage, except by the Borough, until the storage charges, if
any, have been fully paid, except for a trailer, dock or ramp owned
by the Borough of Stone Harbor.
[Amended 10-3-2006 by Ord. No. 1269; 9-4-2012 by Ord. No.
1409]
D.
Docks and ramps of a single owner may be stacked,
if possible and desired, and storage shall be done in such a fashion
as not to block access to other stored docks or ramps. The Borough
reserves the right to relocate all boat trailers, docks or ramps at
the storage site, and at the Borough’s expense. Any relocation
of docks or ramps after April 15, and any relocation of boat trailers
after November 15, shall be done at the expense of the owner, who
shall pay the reasonable expenses of such relocation.
[Amended 9-4-2012 by Ord. No. 1409]
E.
Storage permits shall be issued only for docks and
ramps which, immediately prior thereto, have been used upon property
located within the Borough limits of the Borough of Stone Harbor.
A.
General prohibition. In order to preserve the waters
within the territorial limits of the Borough of Stone Harbor for recreational
use; and protect the people, docks, bulkheads, boats and other water-based
facilities from damage caused by poorly maneuverable floating homes
during storms and periods of high tide; and because Borough fire and
police protection are not geared for water protection; and floating
homes are not subject to the building codes, fire codes, zoning codes
and other restrictions, all adopted for the preservation of the health,
safety and general welfare of the residents and visitors of this Borough,
floating homes shall not be permitted to be anchored or moored within
the territorial waters of the Borough of Stone Harbor.
B.
FLOATING HOME
Floating homes defined.
Includes what is commonly known as a "house boat" having
no contained means of locomotion, and also includes a house boat designed
primarily as a residence or dwelling, rather than for sailing, boating
or fishing purposes.
A.
"Personal watercraft" is defined in the New Jersey
Administrative Code Title 7, Chapter 6.
B.
The regulations contained in Title 7, Chapter 6 of
the New Jersey Administrative Code concerning boating regulations
for personal watercraft are hereby made applicable, not only to the
waters of the Atlantic Ocean but also to the back bay waters of the
Borough, including all lagoons, basins, and waterways.
C.
The operator of a personal watercraft equipped with
a lanyard cutoff switch shall wear the safety switch lanyard at all
times when the personal watercraft is in operation upon any of the
waters located within the Borough limits of the Borough of Stone Harbor.
