[1972 Code § 58-1]
No person or corporation shall use or occupy any property owned by the Borough in the waters or in the waterways of the Borough for the purpose of docking or mooring of boats, or other purposes having to do with boats, unless the person or corporation shall first apply to the Municipal Clerk for and enter into a lease for such privilege and pay to the Borough the rental fees hereinafter fixed for such use.
[1972 Code § 58-12; Ord. No. 1658-95; Ord. No. 2045-09 § 1; Ord. No. 2103-12 § 1; Ord. No. 2218-2016 § 1; amended 12-2-2019 by Ord. No. 2305-19]
All leases shall commence on March 1st and terminate on February 28th of each calendar year. The rental fee established in Subsection 11-1.3 shall be payable in full, in advance. There shall be no refund for any unexpired part of the term of lease.
[1972 Code § 58-14; Ord. No. 906; Ord. No. 965; Ord. No. 1009; Ord. No. 1025; Ord. No. 1059; Ord. No. 1147; Ord. No. 1188; Ord. No. 1268; Ord. No. 1300; Ord. No. 1331; Ord. No. 1363; Ord. No. 1400; Ord. No. 1437; Ord. No. 1472; Ord. No. 1495; Ord. No. 1658-95; Ord. No. 1736-98 § 1; Ord. No. 1843-2001 § 1; Ord. No. 1906-03 § 1; Ord. No. 1965-05 § 1; Ord. No. 1987-06 § 1; Ord. No. 2018-07 § 4; Ord. No. 2045-09 §§ 2 — 4; Ord. No. 2103-12 § 2; Ord. No. 2170-14; Ord. No. 2180-15; Ord. No. 2199-15; Ord. No. 2218-2016; amended 12-2-2019 by Ord. No. 2305-19; 12-21-2020 by Ord. No. 2330-20]
Annual rental fees shall be charged for each boat moored at the following locations and shall be set by resolution annually.
Length of Boat Determined. The length of a boat shall be determined by the New Jersey State Registration provisions.
Rental Term. The term of the rental shall commence on March 1 and terminate on February 28 of each calendar year.
The dry storage fee shall be set by resolution annually. A dry storage fee shall be charged for each boat, recreational vehicle or noncommercial vehicle (collectively the "stored property") stored in Pompano Avenue parking lot between November 1 and April 30 of the succeeding year:
A dry storage fee shall be charged for stored property having a length of 20 feet or less. An additional charge shall be charged for stored property having a length in excess of 20 feet; provided however, no stored property shall exceed 30 feet in length. Rules and regulations for dry storage in the Pompano Avenue parking lot shall be established by the Public Works and Property Committee. The rules and regulations shall be binding upon every person having stored property in the Pompano Avenue parking lot.
[1972 Code § 58-13]
Leases shall not be assigned nor shall any leased stalls or slips or privileges to sublet or underlet without the permission of the Borough.
[1972 Code § 58-2]
Stalls or slips shall be assigned to the holder of a lease for a particular boat. No other boat may occupy the assigned stall or slip unless the holder of the lease requests and receives the consent of the Borough in writing.
[1972 Code § 58-3]
No changes between lessees of stalls or slips shall be permitted without the consent of the Borough in writing.
[1972 Code § 58-11]
In an emergency or under unusual conditions when the Borough shall so determine, the Borough reserves the right to assign a stall or slip adequate for the boat other than the stall or slip originally assigned to it.
[1972 Code § 58-10]
The docking and mooring privileges to be let shall be restricted to private pleasure boats used for private pleasure purposes only. No party, charter or other commercial boat of any kind whatsoever, nor any boats for hire, shall be eligible for docking or mooring privileges, and no such boat shall be permitted to dock or moor in the stalls or slips constructed or maintained by the Borough.
[1972 Code § 58-17; Ord. No. 1552-91]
Potable water that is available at municipal boat slips shall be used only in connection with the maintenance and operation of boats. Water supplied by the Borough shall not be used for washing motor vehicles or any similar purpose.
[1972 Code § 58-16; Ord. No. 1031]
It shall be unlawful for anyone to sleep overnight on vessels moored at stalls or slips leased by the Borough under the terms of this section. In the event that a violation of this section shall occur, the Borough shall have the right to declare the holder of a lease in breach of the terms thereof and the lease shall become null and void at the option of the Borough.
[1972 Code § 58-5; Ord. No. 1791-99 § 1)]
Walkways and other facilities through or by which access is gained to boats docked or moored in the stalls or slips shall be kept clear at all times. No supplies, equipment or material of any kind shall be piled or placed thereon, except that lessees may place a utility box on the municipal dock. The utility box shall not exceed 48 inches in length, 24 inches in width and 24 inches in height. The utility box must be white and be constructed of fiberglass or plastic material. The utility box shall be anchored to the dock in a secure manner. Lessees are responsible for all risks of theft or damage to the utility box and its contents.
[1972 Code § 58-6]
Garbage, paper and other refuse shall not be thrown overboard from any boat while the boat is in the waters or waterways of the Borough, or into any waters or waterways under its jurisdiction. The disposal of garbage, paper and other refuse shall be provided for by the owner, lessee or other person in charge of such boat.
[1972 Code § 58-7]
Boat toilets shall not be used while the boat is in its stall or slip or while in the waters adjacent thereto.
[1972 Code § 58-8]
Waste oil shall not be deposited or disposed of into the waters of any stall or slip nor into the waters adjacent thereto.
[1972 Code § 58-9]
The cleaning of fish or other seafood or the opening of clams or other shellfish shall not be permitted on any boat while it is docked or moored in its stall or slip or in the waters adjacent thereto, or on any catwalk, walkway or other facilities through or by which access is gained to any boat. All such fish offal or seafood offal shall be carried away and disposed of by the owner, lessee or other person in charge of the boat.
[1972 Code § 58-4]
Any conditions about or around a boat declared to be a fire hazard in the judgment of the Fire Inspector shall be removed by the owner or person in charge of such boat.
[Ord. No. 1760-98 § 1; Ord. No. 1872-02 § 2]
The Borough of Manasquan owns and maintains boat slips in various areas of the Municipality and leases these boat slips to the general public under the provisions of this Chapter. The Municipality owns various parcels of real property and uses and maintains these properties for public purposes. In certain instances, owners of boats and vessels have moored their boats and vessels at municipal boat slips: without obtaining a valid lease; without paying required lease fees; or have created a hazardous condition. For the purpose of this provision, such boats and vessels shall be termed as "illegally moored." Owners of boats and vessels also placed or stored such boats and vessels on real property owned by the Municipality without receiving permission to do so. The Borough Council is desirous of establishing a procedure for the removal of illegally moored boats and vessels or boats and vessels which are illegally stored or placed on municipal property.
[Ord. No. 1760-98 § 2; Ord. No. 1872-02 § 2]
Upon receiving a report that a boat or vessel is illegally moored at any slip owned by the Municipality or is illegally placed or stored on any real property owned by the Municipality, the Manasquan Police Department shall attempt to locate the owner of the boat or vessel. If possible, a representative of the Manasquan Police Department shall telephone the owner for the purpose of advising that the Municipality intends to remove the boat or vessel and store same at a location to be determined by the Municipality. If the owner cannot be reached by telephone, notice of removal of the vessel shall be sent by certified mail to the owner.
[Ord. No. 1760-98 § 3; Ord. No. 1872-02 § 2]
The Manasquan Police Department is authorized and directed to make all necessary arrangements for the removal of boats or vessels illegally moored in municipal boat slips or illegally placed or stored on municipal property. The Police Department is authorized to retain the services of a private boat hauler to remove the boat or vessel from a municipal slip or municipally-owned real property and store the boat or vessel in an area to be designated by the Superintendent of Public Works.
[Ord. No. 1760-98 § 4; Ord. No. 1872-02 § 2; Ord. No. 2180-15]
The owner of the boat or vessel shall be entitled to recover it subject to the payment of expenses incurred by the Municipality in removing the boat or vessel from a municipal boat slip or from municipally-owned real property and a storage fee as stated in Chapter 16, Fees, for each day the boat or vessel is stored by the Municipality.
[Ord. No. 1872-02 § 2]
After the Municipality has stored a boat or vessel for more than 90 days pursuant to subsection 11-3.4 above, the Municipality is authorized, as determined in its sole discretion, to either sell the boat or vessel at public sale or arrange for its destruction. If the boat or vessel is sold, the net proceeds of sale shall be applied to reduce accrued storage fees. In the event the boat or vessel is destroyed, the Municipality shall be entitled to recover all expenses incurred by it.
[Ord. No. 2005-07 § 8]
The following sites are designated as launch sites for nonmotorized boats or vessels: (1) southerly terminus of South Jackson Avenue; (2) Stockton Park launch site; and (3) launch site adjacent to the Fourth Avenue parking lot.
All nonmotorized boats or vessels launched at these sites must be carried by hand into the water and cannot be launched by trailer or similar means. Nonmotorized boats or vessels may be launched at this site from dawn to dusk. Motorized boats or vessels are prohibited at these sites.
[1972 Code § 54A-1; Ord. No. 1041]
No person, firm or corporation shall take, construct, build or otherwise develop a boat basin, boat docking facility, lagoon, stream, channel, marina or other area where natural earth is moved and water substituted therefor, in whole or in part, unless and until a building permit is obtained for such project from the Borough through its Construction Code Official. The permit shall include and require the construction of bulkheading, in accordance with the specifications hereinafter provided.
[1972 Code § 54A-2; Ord. No. 1041; New; Ord. No. 2180-15]
Permit fees for the construction of bulkheading are as follows:
[1972 Code § 54A-3; Ord. No. 1041]
No person or corporation shall construct or use such a boat basin, boat docking facility, stream, lagoon, channel, marina or other areas in any zone where same is not permitted by the Zoning Regulations or other ordinance or ordinances of the Borough.
[1972 Code § 54A-4; Ord. No. 1041]
No person, firm or corporation shall begin to or continue to dig, pump out or construct a boat basin, boat docking facility, lagoon, stream, channel, marina or other area where natural earth is moved and water substituted therefor, in whole or in part, unless and until a construction permit is obtained for such digging, pumping or construction, including the proper bulkheading of the basin, facility, lagoon, stream, channel, marina or area, from the Borough through its Construction Code Official, and which construction permit shall include the construction of bulkheading as hereinafter provided.
[1972 Code § 54A-5; Ord. No. 1041]
The standards for construction of bulkheads as referred to herein are:
All timber used, except as noted below, shall be new and unused Douglas fir, southern yellow pine, cypress, cedar or oak.
Treated piling wales and sheet piling shall be Douglas fir, southern yellow pine or cypress.
The bulkhead piling, wales and sheet piling shall be pressure-treated with creosote oil and shall retain not less than 12 pounds of oil for freshwater bulkheads or 16 pounds of oil for saltwater bulkheads per cubic foot of timber.
Sheet piling shall be tongue and groove.
Anchor piles and anchor logs may be untreated oak or pine or creosoted oak or creosoted pine.
All hardware used in the construction of bulkheads shall be new, unused and galvanized.
All timber bulkheads shall be erected true to lines and grades shown in the application for a building permit and in the permit and shall be properly backfilled so they will remain firm and in place.
All timber bulkheads shall be constructed in a thoroughly good workmanlike manner.
[1972 Code § 54A-7; Ord. No. 1041]
Each subsection and provision of this section shall be considered as a separate and distinct unit. Nothing in this section shall be construed to apply to dredging done by or for:
The United States government or any of its agencies or departments.
The State of New Jersey or any of its departments.
The County of Monmouth or any of its departments.
The Borough of Manasquan or any of its departments when such Federal, State, County or municipal dredging is done as a public project and for public benefit as contrasted to dredging done by a private person, firm or corporation for his or its own business and profit.