[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 162.
Municipal bathing beaches — See Ch. 175.
Beach fires — See Ch. 185.
Beach protection — See Ch. 189.
Beach shelters and tents — See Ch. 192.
Public boat docks and bulkheads — See Ch. 198.
Boat facility and bulkhead construction — See Ch. 201.
Bridge area restrictions — See Ch. 205.
Noise — See Ch. 368.
Municipal parks — See Ch. 383.
Peace and good order — See Ch. 388.
Solid waste — See Ch. 442.
Health nuisances — See Ch. 542.
Water supplies — See Ch. 589.
Editor's Note: This ordinance repealed former Ch. 501, Waterway Control, adopted 11-27-1973 by Ord. No. 1378 as Ch. 144B of the 1973 Code.
This chapter shall be known and may be cited as the "Toms River Township Waterway Control Ordinance."
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The leaving of any boat unattended with or without the intent to return thereto.
- Any watercraft, including seaplanes when not airborne, in or upon, docked or moored at any place in any waterway within the boundaries of the Township.
- The Township of Toms River.
- Any waters, waterway, lake, river, tributary, canal, lagoon or connecting waters within the boundaries of the Township.
Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
No person shall operate a boat unless properly licensed as required by applicable state and federal laws and regulations.
No person shall operate a boat which does not meet all applicable equipment requirements of the United States Coast Guard.
No person shall operate a boat in a reckless manner or at an excessive rate of speed so as to endanger, or be likely to endanger, the life or property of any person, having due regard for the presence of other boats, persons or other objects in or in a waterway, nor shall any such person operate any boat at a rate of speed which causes waves to damage docks, wharves, seawalls or boats moored to docks or wharves along a waterway.
The speed of power vessels shall at all times be regulated so as to avoid danger of injury to all manner of craft, whether drifting, moored, anchored or underway, or to piers, wharfs, bulkheads, draw spans or other waterfront construction, either directly or by the effect of the wash or wave raised by such power vessel through its speed or otherwise.
The provisions of this chapter shall not be construed to prohibit the operation of racing or exhibition boats, muffled or unmuffled, during a publicly announced, properly authorized and supervised and adequately patrolled regatta or speed trial or exhibition. Such events shall be approved by the Township Council of the Township of Toms River and may be supervised by the Code Enforcement Officer, the Police Department or persons supplied by the sponsor or promoter of such events and approved by the Township Council.
No person shall operate a boat while under the influence of intoxicating liquor, prescription drugs or controlled dangerous substances.
No person shall operate a boat with either outboard or inboard motor unless equipped with an adequately muffled exhaust, nor shall any person use any siren or other noise-producing or noise-amplifying instrument on a boat in such manner that the peace and good order of the neighborhood is disturbed; provided, however, that nothing in this chapter shall be construed to prohibit the use of whistles, bells or horns as signals as required by the United States Motorboat Act or other federal law for the safe navigation of motorboats or vessels and/or state regulations.
No person shall operate a boat in such a manner as to unjustifiably or unnecessarily annoy, frighten or endanger the occupants of any other boat or throw up a dangerous wake when approaching another boat.
No person operating a boat shall use searchlights indiscriminately or in such manner as to annoy or disturb other persons or boats.
Every boat in a waterway which is abandoned or becomes a menace to navigation or is unseaworthy, or sinks, grounds or becomes otherwise disabled is hereby declared to be a nuisance, and the person in charge thereof shall abate such nuisance within 48 hours after notice from the Township. If the owner or person in charge cannot be located after reasonable inquiry, then any boat constituting a nuisance aforesaid may be removed or destroyed by the Township and the owner shall pay the reasonable cost thereof to the Township.
No boat shall be moored or permitted to drift within any channel and in no case closer than 100 feet to channel markers or so as to interfere with the full use of the channel by others.
The Code Enforcement Officer and the Police Department shall have authority to board any boat moored, drifting or abandoned in violation of this chapter and move or cause it to be moved to another location, and the Township shall have the right to charge the owner for the reasonable payment of costs incurred in its removal or storage and to hold it as security therefor. Any boat unclaimed within 30 days after removal may be sold at public auction or destroyed.
No person in charge of any boat in operation in any waterway shall allow the same to operate during the nighttime unless properly lighted in compliance with any applicable United States Coast Guard regulations.
No person shall moor a boat to a private seawall or dock or beach it upon private property within the Township without the permission of the owner thereof or to or upon public facilities or lands unless same are authorized for said purpose.
Persons in charge of or occupying boats docked at or moored to land, docks, piers or wharves abutting waterways shall observe all the health and sanitary regulations of the Township and all ordinances of the Township relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace.
All docks or bulkheads which are or hereafter shall become unsafe, which constitute a fire hazard or which are otherwise dangerous to human life or the public welfare shall be deemed a nuisance. All docks or bulkheads shall be repaired, removed, demolished or made safe and secure, as the Township may deem necessary.
If a dock or bulkhead is found to constitute a nuisance as aforesaid, the Township shall cause to be served on the owner, agent or person in control of the dock or bulkhead a written notice describing the dock or bulkhead deemed a nuisance and specifying the required repairs or improvements to be made or requiring the said dock or bulkhead or applicable portion thereof to be removed or demolished within 10 days of receipt of notice.
If the person addressed with notice aforesaid cannot be found within the Township after diligent search, then such notice shall be sent by certified mail to the last known address of such person and a copy of the notice shall be posted in a conspicuous place on the premises, and such procedure shall be deemed the equivalent of personal notice.
The refusal or neglect of the owner or person served with an unsafe notice to comply with the requirements of the order to correct or abate the nuisance shall constitute a violation of this chapter.
Persons in charge of or occupying boats shall at all times keep the docks, seawalls and premises adjacent thereto free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds resulting from the occupancy or use of such boats.
No person in charge of or occupying a boat shall dump or throw garbage, paper, bottles, cans, refuse or debris into waterways. Persons in charge of boats moored or docked in the waterways shall provide garbage cans of sufficient size to hold garbage or refuse and provide for same to be collected by the Township or a private collection service.
No person shall run or operate any boat engine for the purpose of charging batteries, running auxiliary equipment or testing between the hours of 8:00 p.m. and 9:00 a.m. in any waterway abutting a residential zone or district.
The Code Enforcement Officer and the Police Department shall have concurrent jurisdiction to enforce the provisions of this chapter.
Any violation of the provisions of this chapter shall be punishable by a fine of not more than $500 or by imprisonment for not more than 90 days, or both. Such penalty shall not be exclusive, and in addition thereto any violation may be abated by a civil action instituted in a court of competent jurisdiction.