[HISTORY: Adopted by the City Council of the City of Garfield 8-20-1984 by Ord. No. 1835 (Ch. 242 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Litter in lakes and streams — See Ch. 201.
This chapter shall be known as the "Waterfront Ordinance."
A. 
When not inconsistent with the context, words used in the present tense include the future, and words used in the singular shall include the plural. The word "shall" is always mandatory and not precatory.
B. 
Unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them in this section:
CITY
The City of Garfield.
DEBRIS
Any loose material not attached to the land or to any structure and which is capable of becoming drift.
DIRECTOR
The City Manager of the City of Garfield as appointed by the City Council or his designee or agent who shall act on his behalf.
DRIFT
Any floatable material which may cause damage to vessels or craft.
FINAL ORDER
Either the order of the Director after the time to request a review thereof has lapsed or the order of the Director issued as a result of a review of the request in § 337-7 herein.
NAVIGABLE WATERS
The waterways which are capable of carrying interstate commerce and the tributaries thereto within the geographic limits of the City of Garfield.
PERSON
Any individual or firm, partnership, association, corporation, company or organization of any kind.
PREMISES
The land, building, wharf, pier, dolphin, boom, weir, breakdown, bulkhead, jetty or other structure and shall include all or any as may be necessary.
WATERFRONT, SHORE or BANK
That portion of the land which borders navigable waters and which lies shoreward of the established harbor lines or low-water mark within the corporate limits of the City of Garfield.
The general purpose of this chapter is the elimination of sources of drift and debris which can constitute possible obstacles or hazards to existing navigation of the navigable waters of the City of Garfield by the removal and disposal of debris and deteriorated structures on the shores of such waters and liable to be washed into such waters.
Whenever the Director has reasonable grounds to believe that debris placed or deposited on the banks of any navigable water is liable to be washed into such navigable water by any cause whatsoever, and thereby be or become any source of drift likely to hinder, impede or otherwise obstruct navigation; or that the condition of any wharf, pier, dolphin, boom, weir, breakdown, bulkhead, jetty or other structure on or bordering on the shore of any navigable water is so dilapidated and deteriorated as to be or become a source of drift or debris liable to be washed into such navigable waters by any cause whatsoever, and thereby likely to hinder, impede or otherwise obstruct navigation, the Director may declare the same to be a public nuisance and thereupon order the same to be removed, abated, altered or repaired, as such order may specify.
The order of the Director issued pursuant to § 337-4 of this chapter shall be in writing, directed to the occupant or last known owner of record, if not such occupant of the premises which are the subject of the complaint, and shall specify whether the condition complained of shall be removed, abated, altered or repaired.
The order of the Director issued pursuant to § 337-4 herein shall be served upon the occupant or the last known owner of record, if not such occupant of the premises which are the subject of the complaint, either by personal delivery of a copy of such order to such occupant or last known owner of record or by registered mail addressed to such person at his last known address.
Within 15 days after service of the order of Director issued pursuant to § 337-4 herein or, under emergency, within such shorter time as the Director may prescribe, the person to whom such order is directed or any other person who aggrieved thereby may appeal to the Director to review the same. The Director, or his designee, after such review, at which all interested parties shall be afforded the opportunity to be heard, may affirm, modify or reverse the order of the Director, as the facts may warrant.
In the event that persons who are served with an order fail to or refuse to comply with the terms of the order within 30 days after the order has become final, the Director shall, without further notice to any person, take or cause to be taken the necessary action to remove, abate, alter or repair the nuisance as specified in the order of the Director. The costs and expenses incident thereto shall be a personal charge against the occupant or last owner of record, if not such occupant of the premises affected and all appurtenances thereto.
No person shall abandon any flat-bottom boat, barge, scow, raft or vessel upon any public land or waterway to, or upon any private property within, the City of Garfield without the prior written permission of the Director who is hereby designated by the City Council to perform this function.
The owner of any occupied or unoccupied barge which is to be docked in or on the banks of any river or on a navigable waterway within the City of Garfield for more than 10 consecutive days shall post a surety bond in the amount of $25,000 with the City Clerk in favor of the City, said bond being issued by an insurance company authorized to do business in the State of New Jersey and in a form acceptable to the Director.
In the event that a barge bonded in accordance with § 337-10 herein sinks or otherwise becomes unable to navigate under its own power, the bond posted shall be forfeited to the City to aid the removal of such barge from any river, riverbank or navigable waterway within the City of Garfield.
The surety on a bond issued pursuant to the above sections shall have the right to immediately cancel such bond upon the removal of the barge from the rivers and riverbanks of the City of Garfield.
This chapter shall not apply to barges, ship or boats owned or operated by common carriers engaged in interstate or foreign commerce, nor shall it apply to pleasure craft used on a seasonal basis.
Any person who violates this chapter by abandoning any flat-bottomed boat, barge, scow or raft without permission shall be subject to the penalties prescribed by Chapter 264 of the Laws of 1969, N.J.S.A. 12:7C-1 et seq., as amended and supplemented.