[HISTORY: Adopted by the Township Council of the Township of Brick 9-23-1980
by Ord. No. 408-80 (Ch. 306 of the 1989 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Boats and boating — See Ch. 116.
This chapter shall be known and may be cited as the "Brick Township
Waterway Control Ordinance."
A.
ABANDONED
BOAT
TOWNSHIP
WATERWAY
Definitions. For the purposes of this chapter, the following
derivations shall have the meanings given herein:
The leaving of any boat unattended without the intent to return thereto
or continue its use.
Any watercraft, including seaplanes when not airborne, in or upon,
docked or moored at any place in any waterway within the boundaries of the
Township.
The Township of Brick.
Any waters, waterway, lake, river, tributary, canal, lagoon or connecting
waters within the boundaries of the Township.
B.
Word usage. When not inconsistent with the context, words
used in the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
No person shall operate a boat in a reckless manner or at an excessive
rate of speed so as to endanger or be likely to endanger the life or property
of any person, having due regard for the presence of other boats, persons
or other objects in or on the waterway, nor shall any such person operate
any boat at a rate of speed which causes waves to damage docks, wharves, seawalls
or boats moored to docks or wharves along a waterway.
The provisions of this chapter shall not be construed to prohibit the
operation of racing or exhibition boats, muffled or unmuffled, during a publicly
announced, properly authorized and supervised and adequately patrolled regatta
or speed trial or exhibition which has been sanctioned by the United States
Coast Guard in accordance with law.
Every boat within the territorial waterways and lands of the Township
of Brick which is abandoned or which becomes or is determined to be a menace
to navigation or is unseaworthy so as to be unsafe or sinks or grounds or
becomes otherwise disabled is hereby declared to be a nuisance, and the owner
or person designated to act in behalf of the owner shall abate such nuisance
within 15 days after receiving written notice by certified mail directed to
such owner's residence or to any address registered with the New Jersey Division
of Motor Vehicles.
A.
All docks or bulkheads which are or hereafter shall become
unsafe, which constitute a fire hazard or which are otherwise dangerous to
human life or the public welfare shall be deemed a nuisance. All docks or
bulkheads shall be repaired, removed, demolished or made safe and secure,
as the Township may deem necessary.
B.
If a dock or bulkhead is found to constitute a nuisance
as aforesaid, the Township shall cause to be served on the owner, agent or
person in control of the dock or bulkhead a written notice describing the
dock or bulkhead deemed a nuisance and specifying the required repairs or
improvements to be made or requiring said dock or bulkhead or applicable portion
thereof to be removed or demolished within 15 days of receipt of notice.
C.
If the person addressed with notice aforesaid cannot
be found within the Township after diligent search, then such notice shall
be sent by certified mail to the last known address of such person, and a
copy of the notice shall be posted in a conspicuous place on the premises,
and such procedure shall be deemed the equivalent of personal notice.
D.
The refusal or neglect of the owner or person served
with an unsafe notice to comply with the requirements of the order to correct
or abate the nuisance shall constitute a violation of this chapter.
Persons in charge of or occupying boats shall at all times keep the
docks, seawalls and premises adjacent thereto free from trash, rubbish and
debris of all kinds resulting from the occupancy or use of such boats.
No person in charge of or occupying a boat shall dump or throw garbage,
paper, bottles, cans, refuse or debris into waterways. Persons in charge of
boats moored or docked in the waterways shall provide garbage cans of sufficient
size to hold garbage or refuse and provide for the same to be collected by
the Township or a private collection service.
The Police Department shall have jurisdiction to enforce the provisions
of this chapter.
[Amended 3-14-1989 by Ord. No. 666-89]
