[Adopted 11-28-2007 by Ord. No. 26-2007]
A.
It is obvious that the Atlantic Highlands Harbor has
a great interest in the protection of water resources in the Municipal
Marina and Sandy Hook Bay. It is therefore important that all visitors
to the harbor have a clear understanding of the prudent manner in
which the harbor is to be used, in order that high-quality water be
maintained.
B.
Protection of coastal waterways is mandated by federal
law under certain legislation known as the The Coastal Zone Act Reauthorization
Amendments of 1990, which requires states situated on the coastline
of this country to develop a plan to decrease the pollution of our
waterways as a result of various waterfront activities. The New Jersey
Clean Marina Program is a result of federal requirements. The program
is operated by the New Jersey Department of Environmental Protection
and implemented by the New Jersey Coastal Management Office in conjunction
with the New Jersey Marine Services Consortium.
C.
The Clean Marina Program requires that any cooperating
facility implement certain practices in order to reduce pollution
of the waterways to result in a cleaner environment. Accomplishment
of the goals of the program requires promoting conscious understanding
of these environmentally sensitive practices and encouraging voluntary
compliance by all public users of the harbor facilities. It is advantageous
to the Borough of Atlantic Highlands to attain certification from
the Clean Marina Program and to be known as being an active participant
in the program.
D.
Therefore, the following is hereby adopted for any
user of the Atlantic Highlands Municipal Harbor.
The following activities are hereby prohibited
in the Atlantic Highlands Marina:
A.
Boat maintenance. It is prohibited to perform the
following work on any boat while it is moored, docked or stored at
the Atlantic Highlands Municipal Harbor:
(1)
Spray painting.
(2)
Sandblasting.
(3)
Use of disc sanders without vacuum attachment or any
other sander without a vacuum attachment.
(4)
Welding without a permit issued by the Fire Marshal
of Atlantic Highlands.
(5)
In the event that a boat owner paints the bottom of
his or her boat at the Atlantic Highlands Municipal Marina, it is
required that a tarp or ground covering be placed on the ground below
the boat prior to the commencement of the work. The tarp or ground
covering shall be of a sufficient thickness and size to preclude sanding
dust, paint scrapings or paint or any other material from coming into
contact with or spilling onto the ground. When the work is completed,
the tarp of ground covering containing any and all scraping and/or
dust or other materials shall be placed in a sealed plastic bag and
properly disposed of by placing into a dumpster.
(6)
In the event that the boat owner hires others to provide
any maintenance services, the owner or their representative shall
be present at all times and shall be responsible for any spillage
and/or costs of cleanup, fines and/or legal fees assessed to the harbor
as a result of any negligence of any party.
(7)
In the event the boat owner hires a contractor who
is registered with and has proof of insurance on file in the Harbor
Office, then the boat owner need not be present while the contracted
work is being performed.
(8)
In the event that the boat owner hires a contractors
who is not registered with or has not provided proof of insurance
with the Harbor Office, the boat owner shall be assessed the then
current outside contractor's fee which shall be payable prior to the
launching or removal of a boat from the harbor.
It is required that all boat owners who dock,
moor or store a boat at the Atlantic Highlands Municipal Marina shall
recycle any and all recyclable refuse in the recycling containers
provided.
A.
It is prohibited to clean fish in the parking lots
of the Atlantic Highlands Municipal Marina.
B.
Cleaning of fish is permitted only at the designated
fish-cleaning stations provided or upon the vessel or a dock box owned
by a slip holder of the Municipal Marina.
C.
Discarding of fish or fish remains in the Municipal
Marina dumpsters is prohibited unless properly packaged in adequate
plastic trash bags.
D.
Fish remains may only be disposed of in such properly
designated facilities as may be provided by the Atlantic Highlands
Harbor Commission. No fish remains shall be returned to the harbor
waters.
Fishing or crabbing is prohibited in the Municipal
Marina except in designated areas.
The dumping of any debris, construction material
or any other prohibited materials is not permitted in the Municipal
Marina or in the waters of the Municipal Harbor. Dumping or disposal
of the following items are specifically prohibited:
A.
Oil and oil filters;
B.
Antifreeze;
C.
Paint, varnish or any solvents;
D.
Gasoline, kerosene or diesel fuel;
E.
Pesticides or herbicides;
F.
Bilge residue;
G.
Batteries;
H.
Mercury switches; and
I.
Any product, item or fluid which has been determined
by the Department of Environmental Protection to be flammable, corrosive
or toxic.
It is prohibited for any user of the Municipal
Marina to dump or flush any sewage into the waters of the Municipal
Harbor. It is required that any user of the marina shall use a pump-out
station for removal of sewage from any vessel docked, moored or stored
in the Municipal Marina.
While in the Marine Loading Zone, no boat shall
be left unattended and/or with its engine running at any time. There
shall be a limit of 15 minutes for the loading/unloading of any boat
in the areas provided by the Municipal Marina. In the event that a
vessel remains beyond the fifteen-minute time limit, the boat owner
shall be subject to punishment as herein provided.
A.
Penalties. The person responsible for the violation
of this article, or the boat owner shall be subject to the following
penalties:
(1)
First offense. For a first offense, the penalty shall
be a maximum amount of $500.
(2)
Second offense. For a second offense, the penalty
shall be a maximum fine in the amount of $1,500.
(3)
Third offense. For a third or subsequent offense,
the penalty shall be a maximum fine in the amount of $2,500.
B.
The said penalties shall be assessed in the discretion
of the Municipal Court Judge, who shall have the authority to provide
for the imposition of a term of probation, community service and/or
restitution as the manner of the offense(s) require.
