[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 2-8-16 by Ord. No. 1-2016. Amended in entirety 1-23-17 by Ord. No. 1-2017. Subsequent amendments noted where applicable.]
This chapter is adopted to regulate the use and operation of Avon-by-the-Sea Riverfront Park and Marina and the water adjoining it, and to set forth rules and regulations related thereto.
For the purpose of this chapter:
- BOAT SEASON
- Commences April 1st and terminates November 30th.
- BOROUGH PROPERTY
- That area of land and improvements thereon and floating docks and parking lot area.
- LEASE HOLDER
- The registered owner of a watercraft which has executed a written lease with the Borough of Avon-by-the-Sea for rental of a boat slip.
- Any ship, boat, motorboat or other vehicle which is used on water for private non-commercial use.
- That area of Shark River which is east of the Main Street (State Hwy 71) and within the boundary lines of the Borough.
No person or legal entity other than leaseholders shall dock, anchor or moor a watercraft on any property owned by the Borough or waterways adjacent to the Marina.
The occupancy of the slip outside the boating season is prohibited and shall be subject to per diem charges and/or removal of watercraft at the leaseholder's expense.
Leases shall be assigned to leaseholder for a particular watercraft. No other watercraft may occupy the assigned slip.
Leases shall not be assigned nor shall any leased slips or privileges be sublet or reassigned.
The following acts are prohibited:
Docking, anchoring or mooring watercraft without a signed lease.
Docking, anchoring or mooring unregistered watercraft.
Consumption of alcohol on Borough property.
Docking, anchoring or mooring watercraft from November 30th through March 31st.
Subletting or assignment of lease.
Disposal of bait or fish on Borough property.
Discharge of sanitary waste.
Littering or disposing of refuse on Borough property and adjacent waterway.
Entry upon dock other than leaseholders and guests.
Fishing or crabbing from the dockets, piers or bulkhead.
Swimming in the waterway.
Use of portable water for other than watercraft maintenance and use without a flow regulating device.
The Avon-by-the-Sea Police Department is authorized and directed to make all necessary arrangements for the removal of boats illegally docked, anchored or moored in municipal boat slips and/or the waterway. Members of the Police Department shall have the authority to board any boat abandoned, disabled, docked illegally or in violation of any provision of this chapter. The Police Department is authorized to retain the services of a private boat hauler to remove the boat from a municipal slip and store the boat in an area to be designed by the Borough Administrator.
The owner of the boat shall be entitled to recover the seized watercraft subject to the payment of expenses incurred by the Borough in removing the boat from a Municipal boat slip and/or waterway.
All matters with respect to rules and regulations not determined by this chapter shall be determined by resolution of the Board of Commissioners of the Borough of Avon-by-the-Sea and have the same force and effect as if set forth herein.
Lease fees shall be established and modified by Resolution of the Board of Commissioners.