[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; 3-6-2023 by Ord. No. 2391-23]
Annual rental fees shall be charged for each boat moored at
the following locations and shall be set by resolution annually.
e.
Length of Boat Determined. The length of a boat shall be determined
by the New Jersey State Registration provisions.
f.
Rental Term. The term of the rental shall commence on March 1 and
terminate on February 28 of each calendar year.
g.
The dry storage fee shall be set by resolution annually. A dry storage
fee shall be charged for each boat 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 fee shall be charged for
stored boats having a length in excess of 20 feet; provided however,
no stored boat 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 Construction Committee. The rules and regulations
shall be binding upon every person having a stored boat 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]
a.
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.
b.
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:
a.
All timber used, except as noted below, shall be new and unused Douglas
fir, southern yellow pine, cypress, cedar or oak.
b.
Treated piling wales and sheet piling shall be Douglas fir, southern
yellow pine or cypress.
c.
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.
d.
Sheet piling shall be tongue and groove.
e.
Anchor piles and anchor logs may be untreated oak or pine or creosoted
oak or creosoted pine.
f.
All hardware used in the construction of bulkheads shall be new,
unused and galvanized.
g.
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.
h.
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:
a.
The United States government or any of its agencies or departments.
b.
The State of New Jersey or any of its departments.
c.
The County of Monmouth or any of its departments.
d.
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.
