[Adopted 3-25-2009 by Ord. No. 05-2009]
A.
Every owner or operator of a vessel that moors or
docks within the boundaries of the Atlantic Highlands Harbor, or grounds
on land, under the control of the Atlantic Highlands Harbor Commission
or the Borough of Atlantic Highlands, shall promptly register within
48 hours of said mooring, docking, or grounding with the Harbor Manager
or other official designated by the Harbor Manager, the Harbor Commission
or the Borough Administrator.
[Amended 1-25-2012 by Ord. No. 01-2012]
C.
Nothing in this section shall prevent the operator
of a vessel from anchoring, grounding, or mooring a vessel when an
emergency exists that requires such action to be taken to safeguard
the lives of the passengers, the vessel, or the environment.
[Amended 1-25-2012 by Ord. No. 01-2012]
The Harbor Manager or his designee shall post
notices in appropriate, conspicuous locations in and around the Harbor
and its facilities stating the registration requirement and where
the owner or operator of a vessel shall register the required information.
[Amended 1-25-2012 by Ord. No. 01-2012]
After a vessel has been moored, grounded, or
docked without registration for a period of one week, the Harbor Manager
or other designee of the Harbor Commission acting for or on behalf
of the Harbor Commission or the Borough, may affix a notice on the
vessel advising that if the vessel is not removed by the date indicated
on the notice, which shall be no less than seven calendar days following
the date that the notice is affixed, then the vessel, including any
trailer upon which a grounded vessel has been placed, will be removed
to a holding area. The Harbor Manager and/or the Borough Administrator
shall designate and appropriately mark an appropriate location in
the harbor area a holding area for such vessels.
A vessel that has been abandoned at a public
or private boat dock, pier, or marina is considered abandoned in the
harbor or waterfront.
The Harbor Commission and its designee are hereby
vested with the power to raise, recover, tow, remove, store, destroy,
and dispose of vessels that have been abandoned in the harbor or waterfront,
as appropriate, pursuant to the procedures applicable to municipal
waterways in the Abandoned or Sunken Vessels Disposition Law (N.J.S.A.
12:7C-7 et seq.).
No agent, servant, employee, or authorized representatives
of the Harbor Commission or the Borough, or the Harbor Commission
or Borough shall be held liable for any damage or loss to any vessel
or its contents that is removed to a holding area and stored pursuant
to the authority of this article.
An owner or operator of a vessel who violates
the provisions of this article shall be liable to a penalty of not
less than $100 nor more than $1,250. Each day upon which the violation
continues shall constitute a separate offense. The civil penalty imposed
pursuant to this section shall be collected pursuant to the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., in a summary proceeding
in the Borough Municipal Court.
[Amended 1-25-2012 by Ord. No. 01-2012]
The Harbor Manager or his designee, or other
designee as appointed by the Harbor Commission or the Borough, or
any member of the Borough Police Department, is authorized to issue
a summons for a violation of the provisions of this article and may
serve and execute all process with respect to its enforcement. A penalty
recovered under the provisions of this section shall be recovered
by and in the name of the state by the local municipality and shall
be paid into the treasury of the Borough of Atlantic Highlands.
