[Adopted 5-8-1969 as Ord. No. 11-1969 (Ch. 74 of 1967 compilation)]
As used in this Article, the following terms shall have the meanings indicated:
SAILBOAT
Extends to and includes all vessels, craft or structures used, designed, adopted or constructed to transport persons or objects on water by means, in whole or in part, of wind or air.
It shall be unlawful and in violation of this Article to own, operate or maintain lands and premises within the City of Somers Point, New Jersey, for the purpose of leasing, renting or bailing sailboats unless and until said leasing, renting or bailment, and the lands, premises and facilities used in connection therewith, conform to the terms and provisions of this Article.
No person, firm, partnership, corporation, association or other entity shall rent, lease or bail a sailboat within Somers Point, New Jersey, unless and until he applies and procures a mercantile license therefor from the City Clerk of Somers Point. The fee for said license shall be $25 per year.
A. 
The applicant for the license aforesaid shall certify to the following facts and procedures:
(1) 
The rental, leasing and bailment of the sailboats of the proposed licensee shall be conducted at all times by a person or persons thoroughly familiar and knowledgeable in the effective operation of the sailboats which are being rented, leased or bailed.
(2) 
The person or persons mentioned in Subsection A(1) above shall be physically present on the premises during the entire period of time that said leasing, rental and bailment occurs.
(3) 
The proposed licensee shall have available at all times on the premises for immediate use an outboard or other boat with a five- or-more-horsepower motor, said boat to be utilized by the licensee, his agent, servant or representative for the purpose of rescue of those persons who lease, rent or bail sailboats owned by the proposed licensee.
(4) 
The proposed licensee shall supply to each lessee or bailee of a sailboat a life preserver approved by the United States Coast Guard.
(5) 
Each sailboat rented or leased shall be in proper operational condition at the time that the same is leased or bailed and shall comply with all equipment required by the United States Coast Guard.
(6) 
The proposed licensee, or his agent, servant or representative, shall question each prospective lessee or bailee concerning his ability and competence to operate a sailboat within minimum safety limits and, in the event that such questioning reveals lack of such ability and competence, shall refuse to rent, lease or bail said sailboat to the prospective lessee or bailee unless a qualified person or persons representing the proposed licensee accompany the prospective lessee or bailee during the time said sailboat is leased, rented or bailed from said proposed licensee.
(7) 
No sailboat shall be leased, rented or bailed by the proposed licensee when the prevailing wind in the area is of gale or hurricane force as declared by the United States Weather Bureau at Pomona, New Jersey.
(8) 
The proposed licensee shall instruct and inform each prospective lessee of the approximate location of buoys and navigational apparatus in the area and to avoid the same and to avoid sailing closer than 200 yards of the Somers Point Bridge and any public bathing areas.
B. 
The matters and things certified to as set forth in Subsection A of this section shall be the duty and obligation of the licensee and shall be strictly and fully carried out by him and his agents, servants and representatives.
No license shall issue to the applicant for a sailboat license unless he presents to the City Clerk of the City of Somers Point satisfactory evidence of adequate public liability insurance coverage for the license year. Adequate public liability insurance shall mean indemnity to all lessees or bailees or third parties in the amount of $5,000 for property damage and $15,000 for bodily injury resulting from a careless or other culpable operation of the leased or bailed sailboat by the lessee or bailee.
The provisions of this Article may be enforced by the City Clerk and any health officer or police officer of the City of Somers Point.
In the event of a conviction for a violation of this Article by any person, firm, partnership, corporation, association or other entity, the convicted person or persons may be fined a sum not to exceed $1,000 or be imprisoned for a term not to exceed 90 days or be subject to a period of community service not to exceed 90 days, or any combination of the foregoing, and to suspension and cancellation of its license for the remaining license year.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.