[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:
Commences April 1st and terminates November 30th.
That area of land and improvements thereon and floating docks
and parking lot area.
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.
[Amended 6-14-2021 by Ord. No. 20-2021]
A.Â
The following acts are prohibited:
(1)Â
Docking, anchoring, or mooring watercraft without a signed lease.
(2)Â
Docking, anchoring, or mooring unregistered watercraft.
(3)Â
Consumption of alcohol on Borough property, excepting leasees or
guests of the marina building and of dock slips.
(4)Â
Smoke, vape or aerosolize any cannabis item.
(5)Â
Docking, anchoring, or mooring watercraft from November 30 through
March 31.
(6)Â
Subletting or assignment of lease.
(7)Â
Disposal of bait or fish on Borough property.
(8)Â
Discharge of sanitary waste.
(9)Â
Littering or disposing of refuse on Borough property and adjacent
waterway.
(10)Â
Entry upon dock other than leaseholders and guests.
(11)Â
Fishing or crabbing from the docks, piers, or bulkhead.
(12)Â
Swimming in the waterway.
(13)Â
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.
