[2000 Code § 9:2-9]
As used in this section:
shall mean and refers to all public recreation areas designated
as parks within the Borough of Avalon and shall include playgrounds,
recreation areas, athletic fields, tennis courts, skate parks, marina
and docking facilities, the beach and boardwalk and all similar areas.
[2000 Code 9:2-1; Ord. No. 624-2009; New]
While in a public recreation area or other public place or thoroughfare
all persons shall conduct themselves in a proper and orderly manner.
It shall be unlawful for any person to perform any of the following
acts in any such place or area within the Borough of Avalon:
a.
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, docks, slips, tables, benches, fireplaces,
railings, pavings or paving materials, waterlines or other public
utilities or parts or appurtenances thereof, signs, notices or placards,
whether temporary or permanent, monuments, stakes, posts or other
boundary markers or other structures or equipment, facilities or park
property or appurtenances whatsoever, either real or personal.
b.
Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition. No person above the age of five (5) years
shall use the rest rooms and washrooms designated for the opposite
sex.
c.
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants
or other wood or materials or make any excavation by tool, equipment,
blasting or other means or agency.
d.
Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public service utility
into, upon or across such lands, except on special written permit
issued hereunder. This provision shall not apply to municipal actions.
e.
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark or pick flowers or seed of any trees or plant, dig in or
otherwise disturb grass areas or in any other way injure the natural
beauty or usefulness of any area.
f.
Climb any tree or walk, stand or sit upon monuments, vases, planters,
fountains, railings, fences or upon any other property not designated
or customarily used for such purposes.
g.
Tie or hitch any animal to any tree or plant.
h.
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream or other body of water
in or adjacent to any such area or any tributary stream, storm sewer
or drain flowing into such water any substance, matter or thing, liquid
or solid, which will or may result in the pollution of said waters.
i.
Have brought in or dump, deposit or leave any bottles, broken glass,
ashes, papers, boxes, cans, dirt, rubbish, waste, garbage or refuse
or other trash. No such refuse or trash shall be placed in any waters
in or contiguous to any such area or left anywhere on the grounds
thereon, but shall be placed in the proper receptacles where such
are provided. Where receptacles are not provided, all such rubbish
or waste shall be carried away from the area by the person responsible
for its presence and properly disposed of elsewhere.
j.
Drive any vehicle on any area except the paved park roads or parking
areas or such areas as may on occasion be specifically designated
as temporary areas, including motorized vehicles such as minibikes
and mopeds.
k.
Park a vehicle in other than an established or designated parking
area and in accordance with posted directions and the instruction
of any attendant who may be present.
l.
Leave a vehicle standing or parked at night between the hours of
midnight and 3:00 a.m. in established parking areas or elsewhere in
the park area.
m.
Leave a bicycle in a place other than a bicycle rack when such is
provided and there is space available.
n.
Ride a bicycle without reasonable regard to the safety of others.
o.
Leave a bicycle lying on the ground or paving or set against a tree
or in any place or position where other persons may trip or be injured
by it.
p.
Swim, bathe or wade in any waters or waterways in or adjacent to
any park, except in designated areas.
q.
Bring into or operate any boat, raft or other watercraft, whether
motor-powered or not, upon waters, except at places designated for
boating. Such activity shall be in accordance with applicable regulations
as are now or hereafter may be adopted.
r.
No person shall carry or possess firearms of any description, or
air rifles, spring guns, bow and arrows, slings or any other forms
of weapons potentially harmful to wildlife and dangerous to human
safety or any instrument that can be loaded with and fire blank cartridges
or any kind of trapping device. Shooting into park areas from beyond
park boundaries is forbidden.
s.
Picnic or lunch on Borough property other than in public parks, the
boardwalk or beaches.
t.
Use any portion of a picnic area or any of the buildings or structures
therein for the purpose of holding picnics to the exclusion of other
persons, or use such areas and facilities for an unreasonable time
if the facilities are crowded.
u.
Leave a picnic area before all trash is placed in the disposal receptacles
where provided. If such trash receptacles are not available, then
trash shall be carried away by the picnicker, to be properly disposed
of elsewhere.
v.
Take part in or abet the playing of any games involving thrown or
otherwise propelled objects such as frisbees, balls, stones, arrows,
javelins, horseshoes, quoits or model airplanes, except in those areas
set apart for such forms of recreation.
w.
Allow a dog in his/her charge to go upon any part of the park property
or recreational area unless held by a leash not longer than six feet.
x.
Build beach fires or operate charcoal or any other type of burner
or cooking device upon and within a public recreation area.
[Amended 3-25-2020 by Ord. No. 800-2020]
1.
This section shall not apply to the pruning, clearing, trimming or
alteration of vegetation, including replacement of vegetation with
native species, completed pursuant to an approved dune vegetation
management plan.
2.
This section shall also not apply to any beach fire which is conducted
by the Borough as part of an official Borough event, provided that
such event has received the prior approval of the Borough Safety Officer
and the Chief of the Avalon Volunteer Fire Department, Avalon Bureau
of Fire Prevention, and is conducted at a location which is not subject
to any restriction, and provided further that such beach fire does
not violate any federal or state law, rule or regulation, or any approved
beach management plan, or other similar contractual agreement between
the Borough and any federal or state agency having jurisdiction. Any
such beach fire in conjunction with such an event shall also comply
in all respects with the New Jersey State Fire Code and the rules
and regulations promulgated at N.J.A.C. 5:70-3 et seq. and any conditions
imposed by the Avalon Bureau of Fire Prevention, the Borough Safety
Officer, and the Borough Fire Official.
3.
Open burning of any kind shall continue to be strictly prohibited
on public property, including beach paths, the boardwalk, streets,
sidewalks, parking areas, Borough marinas and public recreational
areas.
4.
Rules and regulations by Borough Council. Borough Council may, by
resolution, make and establish rules and regulations which interpret
or amplify any provision of this section or any of the subsections
thereof, for the purpose of administering the same or making the enforcement
thereof more effective.
[2000 Code § 9:2-2; amended 4-27-2022 by Ord. No. 837-2022]
a.
Surfside
Park shall be closed to the public between the hours of 11:00 p.m.
and 4:00 a.m. the following morning. These times may be subsequently
changed in accordance with the provisions of Subsection C of this
section.
b.
Except
for unusual and unforeseen emergencies, public recreation areas shall
be open to the public every day of the year during the designated
hours. The opening and closing hours for each individual facility
shall be posted therein for public information. Any section or part
of any facility may be declared closed to the public at any time and
for any interval of time, either temporarily or at regular and stated
intervals (daily or otherwise) and either entirely or merely for certain
uses.
c.
The opening and closing hours for each individual facility shall be established by resolution of Borough Council and such resolution shall remain in effect from year to year thereafter until the same is modified or rescinded. Any violations of the hours of operation specified in such resolution shall be deemed a violation of this chapter and section of the Borough Code and violators shall be subject to the punishment provisions set forth in § 1-5 of this Code.
[2000 Code § 9:2-3; Ord. No. 720-2015 §§ 1, 2]
Permits for private events in parks shall be obtained by application
to the Director of the Department of Administration stating:
a.
The name and address of the applicant.
b.
The name and address of the person, persons, corporation or association
sponsoring the activity, if any.
c.
The day and hours for which the permit is desired.
d.
The park or portion thereof for which such permit is desired.
e.
Any other information which the Director of the Department of Administration
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
[2000 Code § 9:2-4]
Standards for issuance of a permit by the Director of the Department
of Administration include the following findings:
a.
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
b.
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health. welfare, safety
and recreation.
c.
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
d.
That the proposed activity will not entail extraordinary or Police
operation by the Borough of Avalon.
e.
That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
[2000 Code § 9:2-5]
Within five (5) days after the receipt of an application, the Director of the Department of Administration shall apprise an applicant, in writing, of his reasons for refusing a permit and any aggrieved person shall have the right to appeal to the Borough Council by service of a written notice thereof on the Director of the Department of Administration and the Borough Council within five (5) days of said refusal. The Director shall then immediately forward the application and the reasons for its refusal to the Borough Council, who shall consider the application under the standards set forth under subsection 9-2.2 and sustain or overrule the Director of the Department of Administration's decision within ten (10) days. The decision of the Borough Council shall be final. The appeal shall be considered by the Borough Council not later than the second regular meeting following the filing of the appeal.
[2000 Code § 9:2-6]
A permittee shall be bound by all park rules and regulations
and all applicable ordinances as though the same were inserted in
said permits.
[2000 Code § 9:2-7]
The person or persons to whom the permit is issued shall be
liable for all loss, damage or injury sustained by any persons whatever
by reason of the negligence of the person or persons to whom such
permit shall have been issued. The Director of the Department of Administration
shall have the right to require any permittee to submit evidence of
liability insurance covering injuries to members of the general public
arising out of such permitted activities in such amounts as may be,
from time to time, determined by the Director of the Department of
Administration prior to the commencement of any activity for which
a permit has issued.
[2000 Code § 9:2-8]
The Director of the Department of Administration shall have
the authority to revoke a permit upon finding of a violation of any
rule or regulation or ordinance or upon good cause shown.
[2000 Code § 9:2-10]
The Borough Council shall be authorized to establish by Resolution
all rules and regulations concerning the operation of all municipally
owned or controlled skate parks. Such regulations shall include the
establishment of dates and hours of play, registration to use and
any other regulations necessary for the continued maintenance and
operation of the municipally owned or controlled skate parks.
[2000 Code § 9:2-10; New]
[2000 Code § 9:1-1]
The Borough Council shall be authorized to establish by resolution
all regulations concerning the operation of all municipally owned
or controlled tennis courts. Such regulations shall include the establishment
of rates and fees, categorizing of age groups, the establishment of
dates and hours of play, and any other regulations necessary for the
continued maintenance and operation of the municipally owned or controlled
tennis courts.
[2000 Code § 9:6-1]
The Borough of Avalon operates, maintains and controls, as public
recreation areas, the beach, approaches thereto and bathing area adjacent
thereto, together with public docks and playgrounds in and on the
back basins, harbors and waterways, being the westerly boundary of
the Borough, for the enjoyment, recreation, pleasure, safety, health,
peace and quiet of all persons seeking the privilege of these facilities,
and it is deemed necessary and expedient to preserve the health, safety
and welfare of the residents of the Borough and the visitors thereto
and to protect the public morals.
[2000 Code § 9:6-2]
All of the publicly owned lands lying oceanward of the beach
dune line established by metes and bounds descriptions adopted from
time to time are dedicated solely for public use and recreational
purposes.
[2000 Code § 9:6-3; New; Ord. No.
738-2016 § 1]
As used in this section:
see definition of "goods, wares or merchandise" below.
[Ord. No. 738-2016 § 1]
shall mean gently sloping unvegetated areas of sand or other
unconsolidated material that extend landward from the mean high water
line, from Townsend's Inlet to 80th Street, to either:
The vegetation line;
A man-made feature generally parallel to the ocean, inlet, or
bay waters such as a retaining structure, seawall, bulkhead, road
and boardwalk, except that sandy areas that extend fully under and
landward of an elevated boardwalk are considered to be beach areas;
or
The seaward or bayward foot of dunes, whichever is closest to
the bay, inlet or ocean waters.
shall mean and include the elevated pedestrian walk along
the beach from 21st Street to 32nd Street, or any extensions thereof,
as well as the lands under the Boardwalk, the ramps, inclines, steps
and approaches connected with and appurtenant thereto, both on the
easterly and westerly sides thereof, together with pavilions, platforms
and rest areas.
shall have the meaning set forth in subsection 10-4.15.
[Ord. No. 738-2016 § 1]
shall have the meaning set forth in subsection 10-4.15.
[Ord. No. 738-2016 § 1]
shall have the meaning set forth in subsection 10-4.15.
[Ord. No. 738-2016 § 1]
[2000 Code 9:6-4]
a.
Prohibited Conduct. Except in designated areas as specified by Resolution
of Borough Council, it shall be unlawful to engage in the throwing,
batting or catching of a football, baseball, softball, basketball
or volleyball or engage in the playing of any games or the use of
any missile or object on the beach or abutting waters or engage in
any activity which is likely to endanger the health or safety of the
participants or others.
b.
Exceptions. This subsection shall not apply to the playing at "catch"
with a soft rubber ball or beachball or the playing of beach tennis
with a soft rubber ball as long as such activities are conducted in
such an area and in such manner as not to endanger the health and
safety of others.
c.
Months and Hours of Prohibition. The aforementioned prohibitions
shall be in effect only during the months of May, June, July, August
and September between the hours of 9:30 a.m. and 6:00 p.m. except
as relates to activities which will endanger the health and safety
of others, which are prohibited at all times.
[2000 Code § 9:6-12; Ord. 738-2016; § 1]
[2000 Code § 9:6-7]
The handling of refuse and debris upon the beaches shall be
in conformity with the applicable provisions of this Code.
[2000 Code § 9:6-8]
It shall be unlawful to ignore or disobey all orders, directions,
whistles or other signals used by Borough lifeguards and Police Officers.
[2000 Code § 9:6-5]
It shall be unlawful to swim or bathe beyond a safe depth in
the ocean, as from time to time indicated, determined or regulated
by the borough lifeguards.
[2000 Code § 9:6-10; amended 4-27-2022 by Ord. No. 837-2022]
a.
It shall be unlawful to revel, disport or behave in a noisy or boisterous manner, emitting loud cries and other noises, so as to inconvenience others, or to otherwise disrupt and disturb the public peace and dignity within the areas defined in Subsection 9-6.3. It shall be unlawful to act in a loud, indecent, obscene, offensive, or lascivious manner within the areas defined in Subsection 9-6.3.
b.
The Avalon
Boardwalk will be closed to the public from 11:00 p.m. daily until
4:00 a.m. the following morning. Any boardwalk business that is prohibited
from operating after 11:00 p.m. until 8:00 a.m. the following morning
shall continue to be bound by whatever restricted hours of operation
are applicable, notwithstanding that the boardwalk may open to the
public at an earlier time.
c.
The Avalon
Beach will close daily at 9:00 p.m. and remain closed until 4:00 a.m.
the following morning.
d.
No one
except for police and other authorized Borough personnel shall be
permitted access to the beach or boardwalk during the times when such
access is prohibited.
[2000 Code § 9:6-14]
It shall be unlawful to build beach fires or operate charcoal
or any other type of burner or cooking device upon and within public
recreation areas.
[2000 Code §§ 9:6-15, 9:6-15.1]
a.
Prohibited Conduct. It shall be unlawful to use; enter upon; possess,
wander; or loiter upon any public, quasi-public or private property
adjacent to or upon the beach in a manner not authorized by the owner
thereof or in a manner likely to interfere with the owner's use thereof
or, in the case of public or quasi-public property, likely to interfere
with the reasonable use thereof by others.
[2000 Code § 9:6-16]
It shall be unlawful to fish or cast any fishing line, net or
lure in or on the general area of the protected beach of the Borough
of Avalon during the months of June, July, August and September of
any year from 9:00 a.m. to 6:00 p.m., prevailing time.
[2000 Code §§ 9:6-6; 9:6-6.1; New]
It shall be unlawful to use canoes, kayaks, boats, personal
watercraft, rafts, catamarans, sailboats, innertubes or other similar
inflated objects or devices of any kind or description in the ocean
adjacent to the beach unless such use shall be in designated areas
at designated times, as established by and in accordance with rules
and regulations.
[2000 Code § 9:9-1]
The use of surf boards, rafts and inflated objects in designated areas and within specified time limits shall be allowed, upon compliance, where applicable, with the provisions of Chapter 10, Licenses and Permits.
[2000 Code § 9:9-1.1]
The use of surf boards, rafts, inflated objects and catamarans
shall be permitted only in beach areas as designated by, and as specified
by, resolution of the Borough Council.
[2000 Code § 9:9-1.2]
The Captain of the Beach Patrol shall assign a member of the
Beach Patrol to supervise the use of surf boards. The designated supervisor
shall set aside part of the area for inexperienced participants, and
he shall have the complete authority to decide which persons shall
be allowed to use the sections so designated.
[2000 Code §§ 9:6-6.2, 9:9-1.3]
Nothing contained herein shall be construed to permit the use
of power vessels temporarily or permanently equipped with machinery
for propulsion, any sail craft (which is defined as a single or double-hulled
vessel propelled wholly by sail), any vessel or water craft exceeding
eighteen (18) feet in length, and any commercial activity or other
activity which is otherwise prohibited by provisions of any other
ordinance of the Borough of Avalon.
a.
Prohibited Acts. It shall be unlawful to:
1.
Operate personal watercraft between sunset and sunrise;
2.
Operate personal watercraft above idle speed within fifty (50') feet
of any shoreline, bathing beach or person(s) in the water;
3.
To operate a personal watercraft in such a way as to make the vessel
completely leave the water or otherwise become airborne while operating
within one hundred (100) feet of another vessel.
[2000 Code § 7:11-6.1]
b.
Use of Personal Watercraft Towing a Waterskier. Only personal watercraft
with a rating capacity of three (3) or more persons shall be permitted
to pull a waterskier and then only provided that the personal watercraft
is so designed to allow one (1) person to face the rear of the vessel
and be capable of observing the waterskier and such person attending
to and observing the waterskier must be physically located on the
personal watercraft and actually observe the skier while the skier
is being pulled. All vessels engaged in waterskiing shall keep at
least two hundred (200) feet away from any marina, bridge, structures,
and person(s) in the water and shall keep one hundred (100) feet away
from shore and other vessels.
[2000 Code § 7:11-6.2]
c.
Duties of Operators; Responsibility for Damage. It shall be unlawful
for any person to operate a personal watercraft unless such person
is eligible to do so in accordance with the requirements of State
law. In addition:
1.
Any person operating a personal watercraft shall at all times wear
a safety engine cutoff lanyard provided that the personal watercraft
is equipped with such a switch.
2.
Any person operating a personal watercraft shall proceed at a safe
speed at all times so that the vessel can be stopped within a safe
distance and effective action can be taken to avoid collision.
3.
Any person operating any vessel, including a personal watercraft,
shall be responsible for any damage or injury caused by the wake of
such vessel.
4.
The operator of all power vessels, including personal watercraft,
shall operate such vessel at a slow speed so as not to cause a wake
when passing through bridges.
[2000 Code § 7:11-6.3]
d.
Personal Flotation Devices Required. Any person operating, as well
as all passengers, on a personal watercraft shall be required to wear
a United States Coast Guard approved Type I, II, III or Type V Hybrid
personal flotation device when said personal watercraft is underway.
[2000 Code § 7:11-6.4]
[2000 Code § 9:7-1]
The Borough Council, in order to provide the necessary funds
to improve, maintain and police the beaches hereby establishes the
following:
[2000 Code § 9:7-4]
The Borough Council is hereby authorized and empowered to:
Adopt by ordinance, in addition to the rules and regulations
herein enumerated, such other rules and regulations as may be necessary
for the proper control and regulation of the beachfront and the waters
adjacent thereto.
a.
Designate by resolution the protected bathing beaches where boats
and lifeguards are to be provided by the Borough and from which beaches
persons may bathe, swim and surfboard and to change or abolish the
precise location of any one (1) or more bathing beaches from time
to time as safety and attending circumstances shall require.
b.
Determine and establish by resolution the period during each year
when each of the paid bathing beaches shall be opened and closed.
c.
The Borough Council is further authorized to change the price for
any category of beach tag or all categories by duly adopted resolution.
[2000 Code § 9:7-3; Ord. No. 646-2011]
Upon payment of the proper fee, the purchaser shall be provided
with a beach badge supplied by the Borough. All persons twelve (12)
years of age and over, including individuals eligible for free beach
tags pursuant to this section, shall conspicuously display a beach
badge when upon the beach during the hours of 10:00 a.m. and 5:00
p.m., prevailing time, except during inclement weather, from the start
of the season as defined by Resolution of the Borough Council, until
and including the Saturday following the observance of Labor Day.
Such badge shall be exhibited on demand to the beach inspector or
other duly authorized representative of the Borough.
[2000 Code § 9:7-3.1; Ord. No.
696-2014 § 1]
Beach badges may be transferred without consideration, but may not be resold; except that beach tags issued pursuant to paragraphs b, c, or d, of Section 9-8.6 of this section may only be used by the individuals entitled to receive beach tags free of charge pursuant to those paragraphs and may not be transferred or sold.
[2000 Code § 9:7-5]
The Borough reserves the right to revoke any beach privileges
granted under this Chapter for any violation of its provisions or
other rules and regulations and to retake and impound any beach identification
badge or permit which has been improperly used or obtained. Such revocation
shall not preclude the imposition of any other penalties.
[2000 Code § 9:7-2; Ord. No. 646-2011; Ord. No. 696-2014 § 2; Ord. No. 741-2016]
a.
Children Under Twelve (12). No fees shall be charged to or collected
from any person under the age of twelve (12) years.
b.
Persons in Active Military Service. No fees shall be charged to or
collected from persons in active military service in any of the Armed
Forces of the United States and to their spouse or dependent children
over the age of twelve (12) years.
c.
Persons Who Are Active Members of the New Jersey National Guard.
No fees shall be charged to or collected from persons who are active
members of the New Jersey National Guard who have completed initial
Active Duty Training and to their spouse or dependent children over
the age of twelve (12) years. As used in this paragraph, "Initial
Active Duty" means Basic Military Training, for members of the New
Jersey Air National Guard, and Basic Combat Training and Advanced
Individual Training, for members of the New Jersey Army National Guard.
d.
Persons Discharged or Released from the Armed Forces of the United
States Under Conditions Other Than Dishonorable. No fees shall be
charged to or collected from persons who have served in any of the
Armed Forces of the United States and who were discharged or released
therefrom under conditions other than dishonorable and who either
have served at least ninety (90) days in active duty or have been
discharged or released from active duty by reason of a service-incurred
injury or disability ("veterans").
e.
A person who qualifies for free access to beaches and bathing and recreational grounds and free use of bathing and recreational facilities pursuant to paragraph b, c, or d. of this subsection 9-8.6 may, in lieu of obtaining and presenting a municipal beach tag or similar admission pass to gain such access and use, present a valid military identification card, form DD-214 or similar document, or State driver's license or identification card indicating that the holder is a veteran of the Armed Forces of the United States.
f.
Records. A municipality providing for no fees or reduced fees pursuant to paragraph b, c, or d. of this subsection 9-8.6 shall track, in a manner deemed appropriate by the governing body of the municipality, the number of persons who qualify under the provisions of those paragraphs.
g.
Establishment of Beach Fees—The Borough shall establish by
Resolution beach fees for Seasonal Badges purchased on or before May
31; for Seasonal Badges purchased subsequent to May 31; for Daily
Badges, and for Weekly Badges.
h.
Refunds. No refunds shall be made with respect to any beach tag purchase.
[2000 Code § 7:24; Ord. No. 58-2007]
a.
It shall be unlawful for any person to traverse or otherwise enter
upon the stone seawall which extends westerly from the 8th Street
Jetty, three thousand five hundred (3,500) feet, along the outside
of the old Townsend's Inlet wooden bulkhead, to its terminus at the
dead-end circular turnaround of Inlet Drive. The Borough shall provide
appropriate signage to inform the public of this prohibition.
b.
Exception. The Borough of Avalon retains the discretion to allow
entry upon certain limited portions of the seawall area as described
above and to impose reasonable conditions upon such entry. Such areas,
if established, shall be designated by appropriate signage and the
allowance of entry upon such areas shall not remove the prohibition
upon entering upon the remainder of the seawall area.
[2000 Code §§ 9:6-13; Ord.
No. 602-2008 § 2]
Except as provided in Chapter 10, Licenses and Permits, it shall be unlawful to drive a motorcycle, bicycle, motor vehicle or any motor-operated or horse-driven or animal- driven vehicle of any kind or to ride or have a horse upon the beach or under the boardwalk or approaches thereto.
[2000 Code § 9:7-6.1]
[2000 Code § 7:23-2; Ord. No. 565-2006]
It shall be unlawful and a violation of this section for any
person or group or persons, while bathing in or upon or otherwise
utilizing the waters in or bounding the Borough of Avalon, including
but not limited to the Atlantic Ocean; Townsends Inlet; the back bay
waters, channels and/or thorofares, to act, gather and/or disport
in such a manner as to cause a breach of the peace; unreasonable or
offensive noise; overcrowding or obstruction of any waters; and/or
create any dangerous condition likely to cause a risk of bodily injury
to any person or damage to public or private property.
[Ord. No. 565-2006]
It shall also be a violation of this section for any person
or group of persons to ignore or otherwise disregard the instructions
of any law enforcement officer to exit such waters as directed or
otherwise disburse as directed.
[Ord. No. 565-2006]
Any person issued a complaint for violation of this section shall be required to appear in the Municipal Court to answer such complaint. Any person convicted of a violation of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5, and shall perform community service for not less than twelve (12) hours. Penalties for a subsequent offense shall not be less than those for a first offense and may be enhanced according to law.
[Ord. No. 671-2012; Ord. No. 699-2014; Ord.
No. 716-2015]
a.
The Borough may provide kayak storage facilities consisting of metal
racks located on the Northwest corner of 57th Street, known as the
Kayak Park, for the convenience of Borough residential property owners
and Borough residents. Each rack shall contain separate berths for
the storage of one kayak per berth.
b.
Any residential property owner or Borough resident who desires to
store a kayak at the Kayak Park shall be required to register the
kayak and obtain a registration tag from the Borough in accordance
with this section. Such tag shall be affixed to the kayak that will
be stored at the Kayak Park and shall be valid for the entire season.
c.
Registration shall be on a lottery basis in accordance with the procedures set forth in Subsection 9-12.7 of this section.
d.
No kayaks shall be left unattended on the ground in the Kayak Park
at any time.
e.
Any kayaks stored on the storage facility without a current registration tag and any kayaks left on the ground or chained to fencing or to signage, will be (1) impounded and held by the Borough until claimed by the owner in accordance with the provisions of subsection 9-12.4 subject to the payment of an impound fee as set forth in subsection 9-12.5 of this section; or (2) disposed of in accordance with the provisions of subsection 9-12.6 of this section.
f.
All kayaks stored at the Kayak Park shall be at the owner's risk.
The Borough does not assume liability, and will not be responsible
for the theft of any kayak or for any damage or vandalism to any kayak.
The use of kayak storage facilities shall not constitute a bailment.
g.
All park registered kayak owners are permitted to lock their kayaks
to the appropriate storage rack and berth with their own lock and
cable or other device, provided said lock, cable or device does not
interfere with the use of any other portions of the kayak storage
facilities by other users and does no damage to racks and berths.
h.
The kayak storage facilities may only be used for the storage of kayaks and for no other purpose. Any other personal property stored or attached to the kayak storage facilities, such as bicycles or other personal property, shall be impounded, held, and disposed of, in accordance with the provisions of subsection 9-12.4, subsection 9-12.5 and subsection 9-12.6 below.
[Ord. No. 699-2014; Ord. No. 716-2015; Ord.
No. 734-2016]
a.
No one shall be permitted to use the kayak storage facilities unless
they have registered a kayak and obtained a registration tag that
has been affixed to the kayak.
b.
Only Borough residential property owners and Borough residents are
permitted to register kayaks and utilize the kayak storage facilities.
An applicant can establish residential property ownership by producing
an appropriate real estate tax bill showing lot and block number and
a valid, current driver's license for purposes of identification.
An applicant can establish residency by providing a valid, current
driver's license for purposes of identification that shows an Avalon
address for the applicant and/or a written lease that shows a term
of at least three (3) months for a residential property in the Borough.
The term "property" as used herein shall mean any residential property
located within the Borough of Avalon with an individual Lot and Block
number assigned by the Office of the Borough Tax Assessor.
[Ord. No. 734-2016]
c.
Registration of kayaks shall begin on the first business day of March
and continue through March 31 unless such date falls on a Saturday,
Sunday or Legal Holiday in which event registration shall close on
the next business day following March 31.
[Ord. No. 734-2016]
d.
Applicants seeking to participate in the lottery for a registration tag must complete an application prepared by the Borough either on-line at the Borough of Avalon Website (www.avalonboro.net) or in person at Avalon Community Hall during such dates and times established in subsection 9-12.2. Registration tags will be awarded by a lottery process at no cost to the registrant. Only one application shall be accepted per property as that term is defined herein.
[Ord. No. 734-2016]
e.
Registration tags shall only be valid from May 1 until October 31
of the year in which the kayak is registered. Registration tags shall
designate the specific rack and berth in the kayak storage facility
in which the registered kayak shall be stored and may contain such
additional information as the Borough may determine.
f.
There shall be no fee for the issuance of a registration tag.
g.
Registration tags are nonassignable and nontransferrable.
h.
No more than one registration tag shall be issued for any property
as that term is defined herein.
[Ord. No. 734-2016]
i.
Registered and properly tagged kayaks must be placed on designated
berth no later than June 30. After June 30 any empty berths will be
forfeited for the balance of that season and the empty berth will
be offered for use by another kayak owner from the waiting list unless,
prior to June 30, the berth holder shall have made acceptable arrangements
with the Recreation Department, in writing, for a later placement
date. Any registrant who, for whatever reason, does not plan to use
the kayak berth for the entire season from May 1 until October 31
but only for a portion thereof, shall notify the Recreation Department
of such fact and the dates of expected occupancy of the berth. Vacant
dates shall then be offered to another kayak owner from the waiting
list.
[Ord. No. 734-2016]
j.
A kayak registration tag shall not be required for use of Kayak Park
on a daily basis in order to gain kayak access to and egress from
the bay, provided the kayak is not left unattended at any time.
[Ord. No. 734-2016]
[Ord. No. 671-2012; Ord. No. 699-2014; Ord.
No. 716-2015; Ord. No. 734-2016]
Only registered kayaks may be stored beginning May 1 through October 31 inclusive. Any registered or unregistered kayaks, sailing vessels, paddleboards, surfboards, bicycles, canoes or other such watercraft left in the Kayak Park between November 1 and April 30 will be impounded by the Borough and held by the Borough until claimed by the owner or disposed of in accordance with the provisions of subsections 9-12.4, 9-12.5 and 9-12.6 or applicable statutes. Only one kayak may be stored in each kayak berth at any time. If more than one kayak is stored in a berth all but the kayak registered to be stored in the berth shall be impounded, held, and disposed of, in accordance with the provisions of subsection 9-12.4, subsection 9-12.5 and subsection 9-12.6.
[Ord. No. 671-2012; Ord. No. 699-2014; Ord.
No. 716-2015]
The Chief of Police or any member of the Police Department designated by him is hereby authorized to remove or have removed any kayak left at the Kayak Park in violation of this section and any other personal property that may be stored or attached to the rack in violation of subsection 9-12.1. Such kayak or other personal property shall be impounded until lawfully claimed by the owner or disposed of in accordance with applicable statutes. The Chief of Police, or any member of the Police Department acting for him, shall notify the legal owner in writing by personal service or by certified mail, at the last known address of the owner, of the removal of the kayak or other personal property and the reason for the same, and the location of the kayak or other personal property if the kayak or other personal property contains the name and contact information of the owner on it. Any owner of a kayak or other personal property who seeks to recover an impounded kayak or other personal property will be required to establish proof of ownership to the satisfaction of the Avalon Police Department and pay the impound fee established herein.
[Ord. No. 671-2012; Ord. No. 699-2014; Ord.
No. 716-2015]
Kayaks and other personal property impounded pursuant to subsection 9-12.4 shall be retained until the owner or his duly authorized agent shall have paid the sum of fifty ($50.00) dollars as an impound fee plus an additional impound storage fee in the amount of twenty ($20.00) dollars for each and every day that such kayak or other personal property is retained and impounded.
[Ord. No. 671-2012; Ord. No. 699-2014; Ord.
No. 716-2015]
Disposal of unclaimed, abandoned kayaks or other personal property
shall be in accordance with State statutes governing the sale of surplus
municipal property and abandoned property. Where a kayak or other
personal property comes into the possession of the Borough Police
Department as provided herein, and if the owner or the owner's whereabouts
is unknown and cannot be ascertained, or if said owner shall refuse
to claim the kayak or other personal property and pay the fees as
provided herein, then the kayak or other personal property shall not
be disposed of for six (6) months. After six (6) months the Borough
Council may, by resolution and as provided in N.J.S.A. 40A:14-157,
provide for the sale of the kayak or other personal property at public
auction, after notice of a designated time and place therefor, not
less than ten (10) days prior thereto, published in a newspaper circulating
within the Borough.
[Ord. No. 716-2015; Ord. No. 734-2016]
At the conclusion of the registration process described in subsection 9-12.2 hereof:
a.
Each of the registration forms submitted shall be reviewed by a Recreation
Division Staff Member to verify residency and other eligibility requirements.
b.
The registration forms meeting residency and other eligibility requirements
shall be placed in the lottery drawing.
c.
The lottery drawing shall take place on a date to be determined by
the Recreation Department between April 5 and April 15 Saturdays,
Sundays and Legal Holidays excluded. The date of the lottery will
be made known to the public via the Borough's website, the posting
of notice in Borough Hall and at the Avalon Community Center. The
lottery shall commence at 10:00 am, prevailing time, and will be held
at the Avalon Community Hall. The lottery drawing shall be open to
the public.
[Ord. No. 734-2016]
d.
The lottery process shall draw a total of two hundred fifty registration
forms — one for each of the available berths plus a kayak waiting
list to be used in the event of vacancies or other circumstances.
Currently, there are two hundred sixteen (216) berths available. As
each form is drawn it shall be assigned a number from 1 through 250.
The process will continue until all 216 berths are tentatively filled
and 250 forms have been drawn. Once all berths are tentatively filled,
the process will continue but each form drawn thereafter, up to the
maximum of 250 forms, shall constitute the Kayak Waiting List. Such
waiting list shall expire on October 31 of each year.
[Ord. No. 734-2016]
|
Successful registrants and those on the Kayak Waiting List will
then be notified by mail. The kayak tag must then be picked up in
person by the successful registrant who must, at that time, sign a
document entitled "Avalon Kayak Storage Receipt". The various dates
and times for pick-up of the Kayak Registration Tag and the signing
of the "Avalon Kayak Storage Receipt" shall be specified in the notice
sent to the successful registrants following the conclusion of the
lottery. Any successful registrant who does not sign the "Avalon Kayak
Storage Receipt" and pick up the Kayak Registration Tag by June 30,
unless other acceptable arrangements are made with the Recreation
Department, in writing, shall forfeit the right to store a kayak at
the Kayak Park and that berth shall be offered to the next person
on the Kayak Waiting List established in accordance with the provisions
of this section.
[Ord. No. 734-2016] |
e.
(Reserved)
[Deleted by Ord. No. 734-2016]
f.
The list of names and addresses assigned berths as well as the names
on the Kayak Waiting List shall be available from the Recreation Department
and available for public inspection. Copies may also be obtained in
accordance with Borough procedures.
[Ord. No. 734-2016]
[Ord. No. 716-2015; Ord. No. 734-2016]
Any resident or applicant from any residential address from
which there are any outstanding and unpaid charges due from a prior
season or seasons arising from kayak impoundment or other kayak park
violation shall not be eligible to participate in a seasonal lottery
until such time as all such outstanding charges, assessments or fines
have been paid in full. Any resident who has violated this section
in the prior season shall be ineligible to participate in the lottery
process in the next season immediately following the season of violation.
[Ord. No. 716-2015]
The Recreation Director is hereby empowered to prepare and propose
Rules and Regulations pertaining to this section. Such Rules and Regulations
shall be subject to the approval of the Business Administrator and
shall be further subject to the approval of Borough Council which
shall approve same by Resolution. When approved by Resolution of Borough
Council such Rules and Regulations shall have the force and effect
of law.
[Ord. No. 734-2016]
Any kayak berth which is vacant for fifteen (15) or more continuous
days shall be deemed abandoned unless the berth holder shall provide
written advance notice to the Recreation Department advising of the
dates of any proposed non-use of the kayak berth.
The Recreation Department is hereby authorized to make such
berth available on a temporary or interim basis during the period
of absence or non-use to an individual on the Kayak Waiting List to
be selected in accordance with the order on which they may appear
on such list.
Any berth abandoned, or deemed abandoned in accordance with
this subsection, shall be offered to the next applicant on the Kayak
Waiting List.
[2000 Code § 9:4-1]
The Borough Council is hereby authorized to designate by resolution
such places, areas, lots, land, property and facilities owned by the
Borough to be used as docks, piers, slips, wharves, basins, harbors,
harbor structures, docking facilities and other related uses.
[2000 Code § 9:4-2]
The Borough Council is hereby authorized to adopt and promulgate
by resolution such rules and regulations as may be considered necessary
and essential to govern the use and manner of use of the facilities
and property by those to whom permits may be granted from time to
time.
[2000 Code § 9:4-3]
The Borough Council hereby designates the Borough Administrator
to be in charge of and control the operation or management of such
facilities in accordance with the provisions of law, and rules and
regulations adopted pursuant hereto. Any employee or employees of
the Borough assigned to any work or duties in connection therewith
shall be subject to the control and direction of the Borough Administrator.
[2000 Code § 9:4-4]
Reasonable and uniform fees may be and are hereby authorized
to be charged for any and all permits issued to use any such facilities.
The fees shall be established by resolution adopted by the Borough
Council in the manner required by law.
[New]
Any person who uses the facilities operated by the Borough of
Avalon as described in this section shall obtain a permit.
[2000 Code § 9:4-5]
Any permit granted for use of any such facility shall be subject
to the terms, conditions, rules and regulations relating to such use
and permission. The holder of any permit shall be governed by the
terms, conditions, rules and regulations; and any holder shall not
acquire any right or title, but shall hold a mere permit or permission
which is subject to revocation without notice in the event of a violation
of any of the terms, conditions, rules or regulations. The Borough
Administrator shall be and is hereby empowered to suspend the use
of any such permit, and the Borough Administrator is empowered to
revoke any such permit. No fee, charge or other sum paid for any such
permit or permission shall be returnable in the event of revocation.
[2000 Code § 9:4-6.1]
The payment of the fee or charge, together with the acceptance
of the permit, shall thereby charge the holder with the knowledge
and responsibility that the permit is issued and held subject to this
section and all rules and regulations promulgated and adopted pursuant
hereto.
[2000 Code § 9:4-6.2]
No person, except the holder of a permit and those who are invited
by any holder, shall trespass upon any property of the borough or
the property of any person which is lawfully situated at any facility
or location. Suitable signs may be posted on any such property as
notice hereof.
[2000 Code § 9:4-6.3]
The Borough shall not be responsible for any cause or matter
whatsoever relating to the use of any such facilities by any person.
All persons who use such facilities shall do so at their sole risk,
both as to person and property.
[New; Ord. No. 701-2014; Ord. No. 720-2015 § 3]
a.
Management. The Business Administrator, subject to the approval of
the Mayor and Borough Council, is designated as the person in charge
of and control of the operation and management of such facilities
and is hereby empowered to assign any regular employed person or persons
of the Borough government to assist in the performance of any special
duty or function.
b.
Season Dock Slips. The season dock slips at the Avalon Bay Park Marina
shall be issued to motorized boats only. No canoes, kayaks, sail craft
or personal watercraft (a creational watercraft that the rider rides
or stands on, rather than inside of, as in a boat) shall be permitted
to apply for or occupy any season dock slip.
c.
Season Permit Fee. A season permit fee rate of eighty-five ($85.00)
dollars per foot is hereby established for the period May 1 to December
1, starting the 2011 season, for which application may be made for
the use of each dock slip.
d.
Maximum Boat Length. The following is a list of dock slips and the
maximum boat length permitted in each:
Slip Nos. 1 through 11, 14, 15 and 18 through 29 shall accommodate
one (1) boat twenty-one (21) feet, or less, in length.
Slip Nos. 12, 13, 16 and 17 shall accommodate one (1) boat fifteen
(15) feet, or less, in length.
e.
Reserved Slip for Borough Use. Slip No. 30 shall be maintained as
an open slip for Borough use to dock a police, fire or rescue boat
on an as needed basis and at the discretion of the appropriate officials
of the Borough of Avalon.
f.
Rules and Regulations. The permitting of seasonal dock slips will
be administered through the Borough Business Administrator and be
subject to the following rules, regulations and procedures:
1.
All season dock slip permittees shall be granted the first right
of refusal to renew the slip occupied during the previous season and
renewal application forms will be sent to all those dock slip permittees.
2.
Renewal application forms completed, along with payment in full and
an updated Certificate of Insurance (if the Certificate of Insurance
currently on file has expired), or indicating nonrenewal of the dock
slip, must be received by the Borough Business Administrator no later
than a date to be specified in a cover letter to be included with
every renewal application form.
Please Note: Any renewal application for season dock slips not
received by the specified date will be considered a forfeiture of
that dock slip.
3.
The following insurance is required to be submitted for a seasonal
dock slip:
(a)
Certificate of Insurance in the amount of five hundred thousand
($500,000.00) dollars liability coverage (single limit bodily injury
and property damage).
(b)
The Certificate of Insurance must state that the Borough of
Avalon, 3100 Dune Drive, Avalon, NJ 08202 is named as additional insured,
not just certificate holder.
(c)
The Insurance Cancellation Notice must read as follows:
"It is understood and agreed that sixty (60) days in advance,
written Notice of Cancellation, Nonrenewal, Reduction and/or Material
Change in Coverage will be mailed to: Business Administrator, Borough
of Avalon, 3100 Dune Drive, Avalon, NJ 08202."
Please Note: Failure to comply with the above stated insurance
requirements will result in forfeiture of a dock slip.
4.
No refunds shall be granted after thirty (30) days from the date
of issuance of season dock slip permits.
5.
A season dock slip permit shall be issued, to the permittee, for
each season and shall state the name of the person to whom the permit
is granted, boat make and model, registration number, date of issuance
and expiration on December 1st in the year in which the permit is
issued.
6.
Season dock slip permits are issued subject to the provisions of
this chapter and the rules and regulations adopted by the Borough
Council.
7.
After the deadline for submission of renewal applications, all unassigned
season dock slips will be offered to individuals on the established
Avalon Bay Park Marina waiting list, starting with the first person
on the list.
8.
An application for a season dock slip may be obtained at any time
by an individual and, when received completed, shall be placed on
the waiting list in the order in which it is received. Proof of ownership
of a boat must be submitted with the application in order to be placed
on the waiting list.
9.
If an applicant refuses a dock slip when it becomes available, they
may choose to remain on the waiting list, however their position moves
to the bottom of the list.
10.
Applicants placed on the waiting list are not required to submit
fee or Certificate of Insurance at the time of application, however
full payment and insurance must be provided within ten (10) business
days of notice of the availability of a dock slip. Please Note: Failure
to meet these requirements will result in forfeiture of position on
the waiting list.
11.
A season dock slip permittee may substitute a boat and place it in
their assigned slip provided it does not exceed the maximum boat length
permitted for that slip. An updated application, proof of ownership
of the new boat, any additional fees and new Certificate of Insurance
shall be submitted within ten (10) business days of substitution of
a boat.
12.
Season dock slip permittees shall not be permitted to assign or transfer
their dock slip interest by any means or for any purpose whatsoever.
13.
The Borough of Avalon reserves the right to reject any and all season
dock slip applications.
g.
Launching Ramp. The following rules and regulations shall pertain
to the launching ramp at the Avalon Bay Park Marina:
1.
There shall be a charge of ten ($10.00) dollars one (1) time daily,
for use of the launching ramp.
2.
A season launching ramp permit may be purchased and the fee shall
be established at one hundred ($100.00) dollars. Permits are not transferable
and shall be issued on the basis of one (1) per boat or personal watercraft
and shall be visibly displayed upon the boat or boat trailer.
3.
Season launching ramp permits shall be effective from the first Saturday
in May through the first Sunday after Labor Day of each year. Hours
of operation are hereby established as follows:
|
First Saturday in May through first Sunday after Labor Day:
|
|
Monday through Friday: 7:00 a.m. — 3:00 p.m.
|
|
Saturday and Sunday: 7:00 a.m. — 5:00 p.m.
|
h.
All funds received shall immediately be placed in the possession
of the Tax Collector and deposited as other Borough funds in the manner
provided by law.
i.
All boat owners shall be responsible for supplying mooring lines
necessary for their boats.
j.
No repairs or other activities which will delay the orderly process
of loading/unloading of boats shall be permitted in the ramp area.
[New; Ord. No. 720-2015 § 4]
a.
Management. The Mayor is designated as the person in charge of and
control of the operation and management of such facilities and is
hereby empowered to assign any regular employed person or persons
of the Borough government to assist in the performance of any special
duty or function. Rules and regulations governing this facility shall
be adopted by the Borough Council.
b.
Season Dock Slips. The season dock slips at the Avalon Sport Fishing
Center shall be issued to motorized boats only. No canoes, kayaks,
sail craft or personal watercraft (a recreational watercraft that
the rider rides or stands on, rather than inside of, as in a boat)
shall be permitted to apply for or occupy any season dock slip.
c.
Season Permit Fee. A season permit fee rate of eighty-five ($85.00)
dollars per foot is hereby established for the period March 15th to
December 15th, starting with the 2011 season, for which application
may be made for the use of each dock slip.
d.
Minimum Boat Length. Season dock slips shall have a minimum boat
length of twenty-three (23) feet.
e.
Rigging Requirements. Boats must be rigged for sport fishing.
f.
Rules and Regulations. The permitting of season dock slips will be
administered through the Borough Business Administrator and be subject
to the following rules, regulations and procedures:
1.
Applications for season dock slips shall be mailed to all season
dock slip permittees from the previous season, unless otherwise instructed
by the Mayor.
2.
Application forms completed, along with payment in full and an updated
Certificate of Insurance (if the Certificate of Insurance currently
on file has expired), must be received by the Borough Business Administrator
no later than a date to be specified in a cover letter to be included
with every application form.
3.
The following insurance is required to be submitted for a seasonal
dock slip:
(a)
Certificate of Insurance in the amount of five hundred thousand
($500,000.00) dollars liability coverage, (single limit bodily injury
and property damage).
(b)
The Certificate of Insurance must state the Borough of Avalon
is named as additional insured, not just certificate holder.
(c)
The Insurance Cancellation Notice must read as follows:
"It is understood and agreed that sixty (60) days in advance,
written Notice of Cancellation, Nonrenewal, Reduction and/or Material
Change in Coverage will be mailed to: Business Administrator, Borough
of Avalon, 3100 Dune Drive, Avalon, NJ 08202."
(d)
The number location and final assignment of season dock slips
shall be approved by the Mayor, pursuant to a list of potential applicants
submitted by the Borough Business Administrator in writing.
4.
No refunds shall be granted after thirty (30) days from the date
of issuance of season dock slip permits.
5.
A season dock slip permit shall be issued, to the permittee, for
each season and shall state the name of the person to whom the permit
is granted, boat make and model, registration number, date of issuance
and expiration on December 15th in the year in which the permit is
issued.
6.
Season dock slip permits are issued subject to the provisions of
this chapter and the rules and regulations adopted by the Borough
Council.
7.
Season dock slip permits shall be issued in order of applications
except that priority shall be given in the following order:
8.
After the deadline for submission of applications, all unassigned
season dock slips shall be offered to individuals on the established
Avalon Sport Fishing Center waiting list, starting with the first
person on the list, however, with final approval being at the discretion
of the Mayor.
9.
An application for a season dock slip may be obtained at any time
by an individual and, when received completed, shall be placed on
the waiting list in the order in which it is received. Proof of ownership
of a boat must be submitted with the application in order to be placed
on the waiting list.
10.
If an applicant refuses a dock slip when it becomes available, they
may choose to remain on the waiting list, however their position moves
to the bottom of the list.
11.
Applicants placed on the waiting list are not required to submit
fee or Certificate of Insurance at the time of application, however
full payment and insurance must be provided within ten (10) business
days of notice of the availability of a dock slip. Please Note: Failure
to meet these requirements will result in forfeiture of position on
the waiting list.
12.
A season dock slip permittee may substitute a boat and place it in
their assigned slip provided it does not conflict with the minimum
established boat length, as provided in this section. An updated application,
any additional fees and new Certificate of Insurance shall be submitted
within ten (10) days of the substitution of a boat.
13.
Seasonal dock slip permittees shall not be permitted to assign or
transfer their dock slip interest by any means or for any purpose
whatsoever.
14.
The Borough of Avalon reserves the right to reject any and all season
dock slip applications.
g.
All funds received shall immediately be placed in the possession
of the Tax Collector and deposited as other Borough funds in the manner
provided by law.
h.
All boat owners shall be responsible for supplying mooring lines
necessary for their boats.
[2000 Code § 9:4-7.1]
It is the finding and determination of the Borough Council that
this provision is necessary in order to preserve the waters within
the territorial limits of the Borough of Avalon 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.
[2000 Code § 9:4-7.2]
As used in this section:
shall mean and include the following: While a floating home
may technically be classified as a vessel, they are designed and intended
to be used primarily for on-site living, rather than for navigation
and recreational boat uses; and are designed or occupied or intended
as a permanent dwelling unit, business office or source of any occupation
whatsoever including uses, which are the functional equivalent of
dry land uses and which should be restricted to dry land areas, rather
than being allowed in coastal waters, including but not limited to
a structure on a barge primarily immobile and out of navigation or
which functions substantially as a land structure while the same is
moored, docked, anchored, or dry stored within the territorial limits
of the Borough of Avalon; whether such vessel is self-propelled or
not. Floating homes have the outward physical appearance of conventional
residential structures, and their location in the Borough's coastal
waters would produce visual obstructions and be aesthetically displeasing.
[2000 Code § 9:4-7.3]
The regulations of this provision shall be administered by the
Construction Official and may be enforced by the Police Department,
the Construction Official and/or the Harbor Master. Any person charged
with violation of this provision may appeal to the Borough Council
in the same manner as appeals from the Planning Board in accordance
with the Zoning Code. The Borough Council shall make a decision on
the appeal within sixty (60) days and such decision shall be final.
[2000 Code § 9:3-1]
The Borough Council has determined that the mooring, docking
and launching of vessels at certain street ends in the Borough of
Avalon constitutes a hazard to the public at large, interferes with
the free access of police, firefighting and other emergency equipment,
and, in general, constitutes a detriment to the general welfare. It
is accordingly the intent of the Borough to restrict and otherwise
regulate the mooring, docking and launching of vessels at certain
street ends.
[2000 Code § 9:3-2]
shall mean that portion of a street having as its easterly
terminus the beach, Atlantic Ocean, or the Inlet, and as its westerly
terminus, the Bay or Wetlands, and all appurtenances attached thereto
including bulkheads, pilings, planking and abutments.
[2000 Code § 9:3-3]
a.
It shall be unlawful for any person to launch by any means, mechanical
or otherwise, by trailer, lift or manually, any vessel exceeding fourteen
(14) feet in length from any street end or any logical extension thereof,
including any piling, superstructure, or float, except at such place
or places as may have been designated for that purpose.
b.
The commercial launching of any vessel regardless of size by any
means from any street end or any logical extension thereof including
any piling, superstructure or float is strictly prohibited.
[2000 Code § 9:3-4]
It shall be unlawful for any person to moor or dock or in any
manner tie or secure a vessel to any street end or any logical extension
thereof, including any piling, super- structure, or float, except
at such place or places as may have been designated for that purpose.
[2000 Code § 9:3-5]
The maintenance of boat slips and the storage of vessels at
street ends or any logical extension thereof, including any piling,
superstructure, or float, except at such place or places as may have
been designated for that purpose, are strictly prohibited.
[2000 Code § 9:3-17]
In the event of a conflict between the provisions of this section
and the provisions of any Borough ordinance or resolution, the provisions
of this section shall take precedence.
[2000 Code § 7:17]
The members of the Borough Police Department, the Police Marine
Unit, the Code Enforcement Officer or any Borough official as designated
by the Mayor and Council shall be authorized to enforce the provisions
of this chapter.
[2000 Code §§ 7:17, 7:31, 9:7; New]
[2000 Code §§ 7:17-3, 9:7-7]
A minimum penalty of one hundred ($100.00) dollars shall be
imposed for violations of those provisions pertaining to beach protection.
