[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 8-9-1971 as Ch. 75 of
the 1971 Code; amended in its entirety 12-30-2019 by Ord. No. 2019-40C. Subsequent amendments
noted where applicable.]
A.Â
Hereafter
it shall be unlawful to anchor, tie up or permit to remain for more
than 24 hours continuously within the Borough of Beach Haven any houseboat
or other boat that is occupied or used as a dwelling place or as living
quarters for one or more persons. The restrictions of this section
shall not apply to any vessel which is capable of being used for self-propelled
navigation and is moored at a bona fide marina, provided:
(1)Â
The
vessel is moored in compliance with all applicable permit conditions
imposed on the marina;
(2)Â
The
vessel is equipped with one of the following:
(a)Â
An operable Coast Guard-certified marine sanitation device;
(b)Â
A self-contained portable toilet or other on-board portable sewage
reception system that prevents the overboard discharge of treated
or untreated excrement, sewage, or other waste matter or contaminant
of any kind; or
(c)Â
A legal connection to a permitted public sewer system.
(3)Â
The
vessel is moored in compliance with all applicable state and federal
laws;
(4)Â
The
vessel does not obstruct navigation;
(5)Â
The
vessel must be primarily owner occupied; and
B.Â
MOOR
PRIMARILY OWNER OCCUPIED
Definitions.
As used in this chapter, the following terms shall have the meanings
indicated:.
For the purposes of this chapter, means to make fast, tie
up, or otherwise secure a vessel other than by anchoring, and includes
to attach to a dock, pilings, walkway, gangway, pier, or other structure
within a bona fide marina.
For the purposes of this chapter, means the vessel is utilized
by the owner or by his/her family and/or guests gratuitously and without
a fee, lease, rental charge or other compensation of any kind. It
is the intent of this chapter to permit owners and their guests to
remain overnight in the owner’s vessel, but that such vessel
cannot be used for commercial, leasing, or rental purposes.