Borough of Seaside Heights, NJ Chapter 162 Pier Use

[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]

GENERAL REFERENCES

Beach regulations — See Ch. 33.

§ 162-1 Docking of boats; obstructing prohibited.

A. It shall be unlawful to tie up or anchor any boat, motorboat, yacht, vessel or other watercraft to any pier or dock owned by the Borough of Seaside Heights.

B. It shall further be unlawful to obstruct the use of any pier or dock owned by the borough in such a manner as to obstruct, impede or endanger navigation or the use of said pier or dock by the public.

C. In the event that the Mayor and Council grant permission for temporary use of any such pier or dock, the provisions of Subsection A and B above shall not apply.

§ 162-2 Removal of boats by borough.

In the event that any boat, motorboat, yacht, vessel or other watercraft is unlawfully tied up or anchored to or in such proximity that it obstructs the use of any dock or pier owned and maintained by the Borough of Seaside Heights, the following action shall be taken:

A. A summons may be issued as hereinafter set forth in § 162-3.

B. In the event that a summons is issued and the boat, motorboat, yacht, vessel, or other watercraft still remains for a period of two days after a summons is issued, then the following action shall be taken. The Police Department of the Borough of Seaside Heights shall immediately investigate the ownership of the boat by referencing the registration numbers on the hull. In the event that there are no such registration numbers and the boat or other watercraft is one which should be registered, then the boat may be removed and stored until such time as the borough has had the opportunity to attempt to determine the ownership of said boat or watercraft. In the event that the owner is determined, then a notice shall be forwarded by certified mail, return receipt requested, to said owner at the address listed on the registration, and said owner shall have five days to remove said boat or watercraft. In the event that said boat is not removed within the five days, then the borough may remove said boat or watercraft and secure said craft for a period of 30 days. At the end of said 30 days, if no one has claimed said craft, then it may be scheduled for public sale to the highest bidder. At least seven days prior to the scheduled sale date, notice of such sale shall be forwarded by certified mail, return receipt requested, to the owner at the address listed on the registration. In the event that the owner attempts to regain possession of said craft, said owner shall be liable to pay a storage fee not to exceed $25 per day to the Borough of Seaside Heights. Any unregistered craft shall be treated in the same manner as to storage and public disposition.

§ 162-3 Violations and penalties.

A. Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment 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.

B. The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.