[Ord. No. 522 § 7.1]
As used in this chapter, unless the context clearly requires
a different meaning:
Shall mean the Boat Regulation Commission established pursuant
to section 14 of PL. 1962, c. 73 (N.J.S.A. 12:7-34.49).
Shall mean the Motor Vehicle Commission in the Department
of Transportation.
Shall mean the Commissioner of the Motor Vehicle Commission
in the Department of Transportation.
Shall mean the Department of Law and Public Safety.
Shall mean a vessel which has a valid Marine Document issued
by the United States Coast Guard or any Federal agency successor thereto.
Shall mean measurement from end to end over the deck parallel
to the centerline excluding sheer, bowsprits, bumpkins, rudders, outboard
motors, brackets or other equipment or appendages.
Shall mean a temporarily or permanently installed fuel consuming
mechanism by which the vessel is or may be propelled, including an
electrical motor.
Shall mean to navigate, use, control or command a vessel.
Shall mean every person having charge, control, operation
or direction of any vessel and the owner of the vessel if the owner
is on the vessel at the time it is operated in violation of the law.
Shall mean a person, other than a lienholder, having the
property in or title to a vessel. The term includes a person entitled
to the use or possession of the vessel subject to an interest of another
person, reserved or created by agreement and securing payment or performance
of an obligation, but the term excludes a lessee under a lease not
intended as security.
Shall mean a power vessel defined as a Class "A" vessel by
the United States Coast Guard, and which:
Shall mean a vessel temporarily or permanently equipped with
machinery for propulsion, including a personal watercraft, and shall
not include a vessel propelled wholly by sails or by muscular power.
Shall mean any boat whose sole source of propulsion is the
wind.
Shall mean a boat or watercraft, other than a sea plane on
the water, used or capable of being used as a means of transportation
on water.
Shall mean all waters within the jurisdiction of this State,
both tidal and nontidal, and the marginal sea adjacent to this State
to a distance of three (3) nautical miles from the shoreline.
[Ord. No. 522 § 45]
The speed of power vessels shall at all times be regulated so
as to avoid danger or injury to all manner of craft whether floating,
moored, anchored or underway, or to piers, wharfs, bulkheads, draw
spans or other waterfront construction, either directly or by the
effect of the wash or wave raised by such power vessel through its
speed or otherwise.
[Ord. No. 522 § 61]
a.
A person who is under sixteen (16) years of age shall not operate
a power vessel on the waters of this State, except that:
1.
A person who is under sixteen (16) years of age but at least thirteen
(13) years of age and possesses a certificate certifying that person's
successful completion of a boat safety course approved by the Superintendent
of State Police in the Department of Law and Public Safety may operate:
2.
A person who is under sixteen (16) years of age and has successfully
completed an approved boat safety course prior to July 1, 1996 may
operate a power vessel on the tidal waters of this State provided
that the person complies with all other requirements of law, rule
and regulation; and
3.
A person who is under sixteen (16) years of age and was issued an
operator's license pursuant to N.J.S.A. 12:7-34.7 before July
1, 1996 may operate a power vessel equipped with an outboard motor
until the expiration date of that license.
b.
As provided in subsection 12-2.3, a person who is sixteen (16) years of age or older shall not operate a power vessel including a personal watercraft on the waters of this State without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, except that:
1.
An out-of-State resident, or a resident of a foreign country, who
is sixteen (16) years of age or older and who will be in this State
for less than ninety (90) days may operate a power vessel on the waters
of this State without having completed a boat safety course approved
by the Superintendent of State Police in the Department of Law and
Public Safety, if the person presents:
(a)
Written proof of successful completion of a boat safety course
endorsed or approved by another State, the National Association of
State Boating Law Administration or its successor organization, or
the United States Coast Guard;
(b)
Written proof of successful completion of a boat safety course
substantially similar to the boat safety course required pursuant
to this subsection as determined by the Superintendent of State Police;
or
(c)
A boat safety certificate issued by the State or Country in
which the person resides.
2.
A person who is eighteen (18) years of age or older may operate on
the waters of this State, without having completed a boat safety course
approved by the Superintendent of State Police in the Department of
Law and Public Safety, a rented power vessel that is not a personal
watercraft, under the following conditions:
(a)
The person rents the power vessel from a business engaged in
renting power vessels for use on the waters of the State;
(b)
The person has successfully completed a State-approved pre-rental
instruction course provided by the owner or lessor of the power vessel
prior to operating the power vessel on the waters of the State; and
(c)
The owner of the power vessel rental business is experienced
in the operation of power vessels and has successfully completed a
boat safety course approved by the Superintendent of State Police
in the Department of Law and Public Safety.
3.
A person required to take the boat safety course pursuant to this
section and Section 7 of PL. 2005, c.292 who purchases a power vessel
that is not a personal watercraft at a boat dealership may operate
that power vessel for thirty (30) days without having completed a
boat safety course approved by the Superintendent of State Police
in the Department of Law and Public Safety provided that the person
successfully completes a State-approved pre-purchase instruction course
provided by the owner or operator of the boat dealership prior to
operating the power vessel, and the owner or operator of the boat
dealership is experienced in the operation of power vessels and has
successfully completed a boat safety course approved by the Superintendent
of State Police. The State-approved pre-purchase instruction course
required by this paragraph shall be a uniform, standardized course
developed by the Superintendent of State Police. The State-approved
pre-purchase instruction course shall not replace the requirement
that a person shall successfully complete an approved boat safety
course pursuant to the other provisions of N.J.S.A. 12:7-61.1 et seq.
The provisions of this paragraph shall not apply to a person purchasing
a power vessel from another private party.
4.
A person holding a United States Coast Guard operator's license
may operate a power vessel on the waters of this State without having
completed a boat safety course approved by the Superintendent of State
Police in the Department of Law and Public Safety.
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The Superintendent of State Police shall establish appropriate
guidelines to implement the provisions of this subsection.
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c.
Except as provided pursuant to N.J.S.A. 12:7-86, a person shall not
operate a personal watercraft on the waters of this State without
having successfully completed a boat safety course approved by the
Superintendent of State Police in the Department of Law and Public
Safety or a written test pursuant to section 8 of PL. 2005, c.292.
d.
Whenever a person who is required by this section or by N.J.S.A.
12:7-76, N.J.S.A. 12:7-46 or N.J.S.A. 12:7-47, or N.J.S.A. 12:7-57
to have completed a boat safety course operates a power vessel or
personal watercraft, as appropriate, on the waters of this State,
that person shall have in possession a certificate certifying that
person's successful completion of a boat safety course approved
by the Superintendent and shall, when requested to do so, exhibit
the certificate to a Law Enforcement or Peace Officer of this State.
Failure of the person to exhibit the certificate is presumptive evidence
that the person has not completed an approved boat safety course.
e.
A person who violates paragraphs a, b, c or d of this subsection
or who exhibits to a Law Enforcement or Peace Officer a certificate
of completion of an approved boat safety course of another person
is subject to a fine of not less than one hundred ($100.00) dollars
nor more than five hundred ($500.00) dollars.
f.
A person who owns or has control or custody of a power vessel and
allows the power vessel to be operated on the waters of this State
by a person who is required pursuant to the provisions of this subsection
to possess a certificate certifying successful completion of a boat
safety course but who does not possess such certificate is subject
to a fine of not more than one hundred ($100.00) dollars.
g.
A person making application to the Chief Administrator of the New
Jersey Motor Vehicle Commission for a power vessel operator's
license issued pursuant to N.J.S.A. 12:7-72 who is required pursuant
to the provisions of this subsection to possess a certificate certifying
successful completion of a boat safety course shall submit proof of
successful completion of the course or the written examination for
experienced boaters with the application. The Chief Administrator
shall not issue a power vessel operator's license to such person
who fails to submit this proof. A permanent State of New Jersey boating
safety certificate or a temporary boating safety certificate issued
on a Division of State Police application for boating safety certificate
form shall satisfy this requirement.
[Ord. No. 522 § 61.1]
Before operating a power vessel, including a personal watercraft,
on the waterways of this State, the mandatory boat safety course required
by N.J.S.A. 12:7-61 shall be successfully completed as follows:
a.
By persons born after December 31, 1978;
b.
Before June 1, 2006, by persons born after December 31, 1968 and
on or before December 31, 1978;
c.
Before June 1, 2007, by persons born after December 31, 1958 and
on or before December 31, 1968;
d.
Before June 1, 2008, by persons born after December 31, 1948 and
on or before December 31, 1958; and
e.
Before June 1, 2009 by all other persons.
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This subsection shall take effect upon the final adoption and
publication of this Ordinance according to law and shall expire on
June 1, 2008.
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[Ord. No. 522 § 74]
a.
A person who lends any operator's license required pursuant
to N.J.S.A. 12:7-72 to another person shall be subject to a fine of
not less than twenty-five ($25.00) dollars nor more than one hundred
($100.00) dollars.
b.
A person owning or having control or custody of a power vessel who
allows the power vessel to be operated by an unlicensed operator shall
be subject to a fine of not more than one hundred ($100.00) dollars.
c.
A person operating a power vessel who exhibits the operator's
license of another shall be subject to a fine of not less than two
hundred ($200.00) dollars or to a term of imprisonment not to exceed
sixty (60) days, or both.
d.
A person who exhibits the operator's license of another for
purposes of identification in any situation other than as described
in paragraph c of this subsection shall be subject to a fine of not
less than twenty-five ($25.00) dollars nor more than one hundred ($100.00)
dollars.
[Ord. No. 522 § 75]
A person who possesses a motor, whether inboard or outboard,
the motor number of which has been altered or mutilated, or who comes
into possession of such a motor, shall at once file in writing with
the Division of State Police a statement setting forth all circumstances
in connection with that person's possession of the motor.
[Ord. No. 522 § 76]
a.
A person who operates a vessel on the waters of this State, without
due caution and circumspection, in a manner that endangers, or is
likely to endanger, a person or property shall be guilty of careless
operation. Careless operation shall include, but need not be limited
to, the loading of a vessel beyond the maximum capacity stated on
the United States Coast Guard capacity label or the capacity label
of the manufacturer affixed to the vessel.
b.
In addition to any other requirements provided by law, a person convicted
under paragraph a of this subsection shall be required, after conviction,
to complete a boat safety course from the list approved by the Superintendent
of State Police pursuant to N.J.S.A. 12:7-60, which shall be completed
prior to the restoration of the privilege to operate a vessel which
may have been revoked or suspended for a violation of the provisions
of this section. Failure to satisfy this requirement shall result
in the immediate revocation of the privilege to operate a vessel on
the waters of this State, or the continuation of revocation until
the requirements of this subsection are satisfied.
[Ord. No. 522 § 77]
A person shall not operate or allow another person to operate
a vessel on the waters of this State unless the vessel has a serviceable
United States Coast Guard approved personal flotation device for each
person on board. Such devices shall be of a type and in sufficient
number as required by the United States Coast Guard for a vessel of
that class operating on navigable waters. Such devices shall be readily
accessible when the vessel is under way or worn as required by regulation.
For the purpose of this subsection, the term "vessel" does not
include surfboards, windsurfers, racing shells, rowing sculls and
racing kayaks.
[Ord. No. 522 § 78]
a.
A person shall not discard debris from a vessel that is on the waters
of this State. A person who violates this subsection shall be subject
to a fine of not less than two hundred ($200.00) dollars nor more
than one thousand ($1,000.00) dollars for each offense.
b.
There shall be a rebuttable presumption that the owner of the vessel,
if present on the vessel, or, in the owner's absence, the operator
of the vessel, is responsible for any violation of this subsection,
if:
[Ord. No. 522 § 79]
A person operating a vessel on the waters of this State shall
stop or lay to when so ordered by any Law Enforcement Officer.
[Ord. No. 522 § 79]
a.
No person shall operate or allow any person to operate any vessel
in or on the waters of this State unless the vessel is carrying on
board the minimum equipment required by Title 33 and Title 46 of the
Code of Federal Regulations, amendments thereto and as may be amended,
for the size and type of vessel.
b.
Whenever the vessel is in operation, this equipment shall be produced
by the owner or operator upon the request of a Law Enforcement Officer
of this State.
c.
Failure to produce such equipment will be a violation of this subsection.
[Ord. No. 522 § 79]
a.
No vessel shall display a rotating or sequential flashing light except
as provided in this subsection.
b.
Any Law Enforcement or Emergency vessel may display a rotating blue
light beacon.
c.
Any vessel engaged in activity recognized by the Coast Guard as being
eligible for its use may display a rotating red and yellow light.
[Ord. No. 522 § 1.6]
No vessel shall be equipped with, nor shall any person use upon
a vessel, any siren except as otherwise permitted in this subsection.
It is permissible that any vessel be equipped with a theft alarm signal
device which is so arranged that it cannot be used by the operator
as an ordinary warning signal. This subsection shall not apply to
any vessel operated by or for the Department, a First Aid Squad, or
a Police or Fire Department.
[Ord. No. 522 § 1.8]
All vessels navigating the waters of this State shall comply
with the Inland Navigation Rules Act of 1980, 33 U.S.C. §§ 2001-2038,
except where the International Navigation Rules Act of 1977, 33 U.S.C. §§ 1601-1608
are applicable. Both acts, as may be amended or supplemented, are
incorporated by reference.
[Ord. No. 522 § 1.9]
No person shall anchor or cause to be anchored, tie or cause
to be tied any power vessel, rowboat, sailboat, canoe, or any other
vessel to or within a radius of fifty (50) feet of any light, beacon,
buoy, or any other aid to navigation, except in an emergency. This
subsection shall not apply to vessels operated by the State or Federal
Government for the maintenance, replacement or survey of navigation
aids.
[Ord. No. 522 § 1.10]
a.
No person shall operate any vessel in a manner which shall unreasonably
interfere with other vessels or with free and proper navigation of
the waterways.
b.
Anchoring in heavily traveled channels or main thoroughfares shall
constitute such interference if unreasonable in the prevailing circumstances.
c.
No person shall tie up or anchor vessels or other craft in navigable
channels in such a manner as to prevent or obstruct the passage of
other vessels or craft, or carelessly sink or permit or cause to be
sunk, or except in an emergency, voluntarily sink or permit or cause
to be sunk a vessel or other craft in a navigable channel.
[Ord. No. 522 § 1.11]
No vessel shall move across the course or around the course
of any race or regatta so as to create a water condition which shall
unnecessarily endanger the life, limb or craft of those competing
in the race or regatta.
[Ord. No. 522 § 1.13]
a.
The operator of a vessel shall not allow any person to ride in any
position that would unduly endanger life or limb nor allow passengers
or cargo in excess of the maximum capacity stated on the manufacturers
or U.S. Coast Guard information label.
[Ord. No. 522 § 1.15]
The operator of a vessel equipped with a lanyard cut-off switch
shall wear the safety switch lanyard at all times when the vessel
is in operation.
[Ord. No. 522 § 1.17]
a.
Any person finding, recovering or coming into possession of any vessel
other than through normal purchase, loan, rental, charter, or gift
shall notify the State Police within twenty-four (24) hours.
b.
The notification shall include a description of the vessel and the
specific location where it was found or recovered.
[Ord. No. 522 § 1.18]
No person shall place, anchor, or construct or cause to be placed,
anchored or constructed, any float or diving platform more than twenty-five
(25) feet from shore on any non-tidal waters where power vessels are
permitted without the written approval of the State Police. Permitted
floats or platforms that remain in the water between sunset and sunrise
shall be marked by warning lights as required by the United States
Coast Guard Navigation Rules International — Inland Annex V
Rule 88.13. A copy of the Rule may be obtained from the State Police.
[Ord. No. 522 § 63]
A person shall not operate a personal watercraft:
a.
On the waters of this State between sunset and sunrise, or during
any time of restricted visibility as determined by an agent or officer
of the Marine Law Enforcement Bureau, Division of State Police;
b.
Within the confines of the Point Pleasant Canal in the County of
Ocean, or the Cape May Canal in the County of Cape May;
d.
In such a manner as to make the vessel completely leave the water
or otherwise become airborne, while crossing within one hundred (100)
feet of the wake of another vessel.
[Ord. No. 522 § 64]
A person operating a personal watercraft shall at all times:
a.
Wear the safety switch lanyard while the personal watercraft is underway,
provided that the personal watercraft is equipped with such a lanyard
cut-off device; and
b.
Proceed at a safe speed that shall allow the person operating the
personal watercraft to take proper and effective action to avoid collision
and to stop the personal watercraft within a safe distance, as may
be appropriate under prevailing circumstances and conditions.
[Ord. No. 522 § 65]
A person operating a personal watercraft or any passenger on
a personal watercraft shall at all times when the personal watercraft
is underway, wear a United States Coast Guard Approved Type I, II,
III, or Type V Hybrid Personal Flotation Device.
[Ord. No. 522 § 68]
The operator of a personal watercraft designed to accommodate
three (3) or more persons shall be permitted to tow a water-skier,
provided that the personal watercraft has the capacity to allow one
(1) of the persons to face the stern of the personal watercraft for
the purpose of tending to a ski rider; and that the person tending
to the ski rider shall be present during the towing of the ski rider.
[Ord. No. 522 § 86]
A person who is sixteen (16) years of age or older may operate
a personal watercraft without having completed a boat safety course
required pursuant to N.J.S.A. 12:7-61, under the following conditions:
a.
Conditions:
1.
The person operates the personal watercraft within the boundaries
of an area designated solely for the operation of personal watercraft
by a business engaged in renting personal watercraft for use on the
waters of the State;
2.
The area designated for such operation is supervised by a person
who is experienced in the operation of personal watercraft and who
has successfully completed a boat safety course approved pursuant
to N.J.S.A. 12:7-60; and
3.
The person has successfully completed an instruction course provided
by the owner or lessee of the personal watercraft prior to operating
the personal watercraft within the designated area.
b.
The person has written proof, while operating the personal watercraft,
of successful completion of a boat safety course substantially similar
to an approved boat safety course as established pursuant to N.J.S.A.
12:7-60.
[Ord. No. 522 § 3.1]
a.
Waterskiing shall mean anything with a rider being towed by a power
vessel by means of a towrope, towline, or training boom, except another
vessel being towed.
b.
All power vessels (including vessel, towline and skier) conducting
waterskiing operations shall, while underway, keep at least two hundred
(200) feet distant from any wharf, marine, dock, pier, bridge structure,
abutment, or persons in the water, and one hundred (100) feet from
other vessels, any shore, approved aid to navigation or mooring except
specifically provided otherwise in these regulations.
c.
All power vessels conducting waterskiing operations shall have a
crew of at least two (2) persons, one (1) of whom shall be a competent
observer, and shall have adequate space on the vessel for the waterskiing
participant.
d.
Towlines shall be not less than thirty-five (35) feet nor more than
seventy-five (75) feet in length, except as specifically provided
otherwise in these regulations.
e.
Waterskiing is permitted only between sunrise and sunset, except
as specifically provided otherwise in these regulations.
f.
Water-skiers shall wear a United States Coast Guard approved Type
I, II, III or Type V Hybrid personal flotation device, except that
a barefoot wet-suit may be worn during sanctioned competitions or
shows and while training for such events, as long as there is a United
States Coast Guard approved wearable personal flotation device on
board the vessel for each skier.
g.
h.
The Commission shall, upon application, waive any one or more of
the above requirements for events of public entertainment on any wholly-owned
private lake, provided that it finds the event to be consistent with
the interests of boating safety.
[Ord. No. 522 § 51]
Any person who shall violate any provision of this chapter,
where the penalty therefor is not specifically prescribed, shall be
subject upon conviction to a fine of twenty-five ($25.00) dollars
for a first offense, fifty ($50.00) dollars for a second offense,
and one hundred ($100.00) dollars for a third and each subsequent
offense of the same violation.
[Ord. No. 522 § AV1]
This section hereby incorporates and adopts by reference any amendments to chapter 7 of Title 12 of the New Jersey Statutes and to any regulations issued thereunder, which amendments are adopted subsequent to the date of adoption of this section.
