[HISTORY: Adopted by the Township Council
of the Township of Stafford 6-14-1994 by Ord. No. 94-58. Amendments
noted where applicable.]
A.
The Township of Stafford defines and declares that
the purpose of this chapter is to protect the people and property
of this Township and to preserve the safety and welfare of the Township
and its citizens by regulating and promoting safe use of power vessels
and personal watercrafts.
B.
This chapter has been adopted pursuant to N.J.S.A.
12:7-1 et seq.
The short title of this article shall be the
"Power Vessels Ordinance," and this article shall be hereinafter cited
and referred to for the purpose of amendment or otherwise by said
title.
As used in this article, the following terms
shall have the meanings indicated:
The speed at which a power vessel moves through the water
while maintaining minimum headway and producing the minimum wake possible.
To navigate or otherwise use a vessel.
Every person having the charge, control, operation or direction
of any power vessel.
A vessel temporarily or permanently equipped with a motor,
and shall not be deemed to include a vessel propelled wholly by sails
or muscular power.
The speed at which a power vessel moves through the water
and is able to maintain minimum headway in relation to the vessel
or structure being passed.
A boat or watercraft, other than a seaplane on the water,
used or capable of being used as a means of transportation on the
water.
Any vessel with a rider being towed by means of a tow rope,
tow line or trailing boom, except that another vessel being towed
shall not be considered to be waterskiing.
No person shall operate a power vessel unless
properly registered pursuant to N.J.S.A. 12:7-34.4.
No person shall operate a power vessel which
does not meet all applicable equipment requirements as set forth in
the Boat Regulations of N.J.A.C. 7:6-1.22.
No person shall operate or allow any person
to operate any power vessel unless such power vessel meets the lifesaving
device requirements as set forth in the Boating Regulations of N.J.A.C.
7.6-1.23.
A.
No person shall operate a power vessel or allow a
power vessel to be operated in a manner where the speed of the power
vessel may cause danger of injury to life or limb or damage to property.
The speed of every power vessel shall be regulated so as to avoid
the risk of damage or injury, by any means, from the power vessel's
wake.
B.
All vessels shall reduce their speed to a slow speed
when passing:
(1)
Any marina, pier, dock or wharf at any distance of
200 feet or less.
(2)
Work barges or work floats while actually engaged
in construction.
(3)
Through bridge spans.
(4)
Through lagoons, canals and confined areas of less
than 200 feet in width.
(5)
Vessels not under command.
(6)
Emergency vessels displaying sequential flashing or
rotating blue lights.
C.
All power vessels, when moving through an area that
has been marked as a "slow speed/no wake" area either by buoys or
by signs with those words shall move only at a no-wake speed. No vessel
shall be operated on plane or at other than minimum headway speed
while in a "slow speed/no wake" area.
No power vessel or motor shall be operated in
a reckless or careless manner. Reckless or careless operation shall
include operating a power vessel or motor in a manner which unnecessarily
interferes with the free and proper use of any waters, or unnecessarily
endangers other craft therein, or the life or limb of any person upon
any craft or in the water.
A.
No person shall anchor or cause to be anchored or
tie or caused to be tied any power vessel to or within a radius of
50 feet of any light, beacon, buoy or any other aid to navigation
except in any emergency.
B.
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.
C.
Anchoring in heavily traveled channels or main thoroughfares
shall constitute such interference if unreasonable in the prevailing
circumstances.
D.
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.
No person shall fail to stop or lay to when
ordered to do so by any law enforcement officer.
The operator of a power vessel shall not allow
any person to ride in any position that would unduly endanger life
or limb:
A.
All operators of power vessels towing ski or aquaplane
riders while underway must at all times keep at least 100 feet from
any shore, wharf, pier, bridge structure, abutment or persons in the
water. In passing another boat, the operator thereof must keep at
least 100 feet distant from any other craft.
B.
All power vessels towing ski or aquaplane riders must
have a crew of at least two persons.
C.
The operator of such power vessel shall operate the
boat in such a manner to ensure its safe operation, and its second
crew member shall tend the ski or aquaplane rider.
D.
Tow lines shall not be less than 35 feet nor more
than 75 feet in length.
E.
Waterskiing, aquaplaning or towing of skiers or aquaplanes
will be permitted only during the hours between sunrise and sunset.
F.
The ski boat shall contain at least one throwable
flotation device.
G.
All skiers shall wear a United States Coast Guard
Approved Type I, II, III or Type VI Hybrid Personal Flotation Device.
The short title of this article shall be the
"Personal Watercraft Ordinance," and this article shall be hereinafter
cited and referred to for the purpose of amendment or otherwise by
said title.
This Article has been adopted pursuant to N.J.S.A.
12:7-62 et seq. so as to regulate the use of personal watercrafts
on the waterways of the Township; "Jet skis," "waverunners," "wet
bikes," "wet jets" and "surf jets" are trade names for a general group
of vessels known as "personal watercraft."
As used in this article, the following terms
shall have the meanings indicated:
The speed at which the personal watercraft moves through
the water while maintaining minimum headway in relation to the vessel
or structure being passed and producing the minimum wake possible.
A power vessel defined as a Class A vessel by the United
States Coast Guard and which:
Where the water meets the land, including but not limited
to any bulkhead, dock, wharf or pier.
A.
A person shall not operate a personal watercraft:
(1)
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.
(3)
In such a manner as to make the vessel completely
leave the water or otherwise become airborne, while crossing within
100 feet of the wake of another vessel.
B.
A person operating a personal watercraft shall at
all times:
(1)
Wear the safety switch lanyard while the personal
watercraft is underway, provided that the personal watercraft is equipped
with such a lanyard cutoff device; and
(2)
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.
C.
A person operating a personal watercraft or any passenger
on a personal watercraft shall at all times when the personal watercraft
is underway wear the United States Coast Guard Approved Type I, II,
III or Type V Hybrid Personal Flotation Device.
D.
The operator of a personal watercraft designed to
accommodate three or more persons shall be permitted to tow a water-skier,
provided that the personal watercraft has the capacity to allow one
of the persons to face the stern of the personal watercraft for the
purpose of attending to a ski rider; and that the person attending
to the ski rider shall be present during the towing of the ski rider.
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine not to exceed $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
