[Adopted 7-24-2013 by Ord. No. 11-2013]
Other than at an authorized mooring/anchoring location designated by the Harbor Commission within the designated harbor mooring fields and pursuant to a proper authorization/agreement with the Harbor Commission or Harbor Manager for use of a designated mooring space or location, no person or entity without the approval of the Harbor Manager shall:
A. 
locate or place within the protected harbor (the area within the harbor breakwater) any privately owned permanent or fixed mooring or helix anchor equipment;
B. 
Moor or anchor any boat within the designated mooring fields in the protected harbor;
C. 
Moor or anchor any boat within the area of the protected harbor designated as the refuge area for a period of more than 48 hours without complying with the registration requirement of § 196-29.
Any owner or operator of a boat moored or anchored in the harbor in the refuge area or in an area other than a designated mooring space in the harbor mooring fields as authorized by an agreement with the Harbor Commission, and proposing to continue to moor/anchor the boat for more than seven days (the seven days commencing on the date the boat was first moored/anchored within the harbor/refuge area), shall prior to the expiration of the seven days apply to the Harbor Manager for a permit to continue to temporarily anchor/moor the boat in the harbor for a period beyond the seven days permitted. The owner/operator shall supply documentation showing a substantial reason, such as adverse weather conditions, mechanical work underway, etc., supporting a need for an extension of permission to moor/anchor the boat in the harbor/refuge area. The Harbor Manager may in his discretion authorize such permit for a period of such additional time as he deems reasonable for the reasons demonstrated to be resolved and the boat to be removed. If the boat is not removed at the expiration of the seven days or such additional time as extended by permit by the Harbor Manager, the boat and/or the owner/operator of the boat shall be subject to summons and fine for violation of this article. The application fee for each application for a permit or an extension of that permit is $80.
Any permanent unauthorized mooring or anchoring equipment placed or located within the protected harbor, and/or any boat that remains moored or anchored within the protected harbor without authorization or authority from the Harbor Commission or Harbor Manager for longer than the permissible seven-day period or such additional time as may be approved by permit from the Harbor Manager, may be removed at the direction and order of the Harbor Manager. The Harbor Manager may provide the notice as provided in § 196-31 in his discretion, but such notice is not required if the Harbor Manager determines that circumstances indicate prompt removal of the boat and/or unauthorized mooring or anchoring equipment is appropriate. Removed mooring/anchoring equipment and boats shall be taken or towed to a holding area or location as determined by the Harbor Manager. The owner and/or operator of the boat shall be responsible for and pay all towing/removal charges and storage costs incurred by the Borough/harbor and/or any contractor or agent engaged by the harbor to remove the equipment/boat. Those charges and costs shall be paid by the owner and/or operator or other responsible party prior to the equipment and/or boat being released by the Borough/harbor. This power and authorization for the Harbor Manager to have the equipment or boat removed is in addition to the authority to issue summons.
An owner or operator of a boat who violates the provisions of this article shall be liable to a penalty of not less than $200 nor more than $1,250. Each day upon which the violation continues shall constitute a separate offense. The civil penalty imposed pursuant to this section shall be collected pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., in a summary proceeding in the Borough Municipal Court. A penalty recovered under the provisions of this section shall be recovered by and in the name of the state by the Borough of Atlantic Highlands and shall be paid into the treasury of the Borough of Atlantic Highlands.
The Harbor Manager or his designee, or other designee as appointed by the Harbor Commission or the Borough, or any member of the Borough Police Department, is authorized to issue a summons for a violation of the provisions of this article and may serve and execute all process with respect to its enforcement.