Township of Neptune, NJ
Monmouth County
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Table of Contents
Table of Contents
[Editor's Note: Former Chapter 18, Protection of Trees, previously codified herein and containing portions of Ordinance Nos. 1247 and 03-24, was repealed in its entirety by Ordinance No. 06-22. The Harbor Commission was repealed by Ord. No. 2016-04.]
[Ord. No. 06-30 § 1]
This section is adopted to establish the Harbor Utility of the Township of Neptune and to regulate the use and operation by watercraft in the Neptune Marina Basin and the waters adjoining it, to set forth rules and regulations providing for cleanliness of the area, its docks and piers, and for the safety and comfort of persons using the same; and to regulate the use and operation of watercraft in, on or along the Neptune Marina Basin and within any of the yacht basins in that area.
[Ord. No. 06-30 § 1]
The Neptune Marina Area is designated as all that area within the municipal boundary west of State Highway Route No. 35 and east and south of South Riverside Drive, including all waterways which may be subject to State or Federal regulations and shall extend to and include all property owned or leased by the Township lying on or within the Shark River as presently located and all shore or other facilities used in conjunction with the operation of said harbor, but shall not extend to any other properties owned, leased or issued by the Township of Neptune.
[Ord. No. 06-30 § 1]
a. 
Pursuant to the Local Bond Law, N.J.S.A. 40A:2-1 et seq., and Local Budget Law, namely N.J.S.A. 40A:4-1 et seq., a Harbor Utility is hereby created and established in the Township of Neptune for the purposes of collecting expenses, both direct and indirect, and revenue data with regard to the operation, maintenance and improvement of land and improvements owned or leased by the Township of Neptune adjacent to the waterways of the Shark River, including but not limited to the maintenance, construction, erection, improvement, alteration, cleanliness, operation, use, management, regulation, control, safety, supervision and extension of any of the facilities, structures, and property of wharves, piers, bulkheads, breakwaters, jetties, docks, slips, basins, docking, facilities, beach, harbors and harbor structures on said waterways. The Harbor Utility shall regulate, fix and establish bulkhead and pierhead lines and distances between piers on said waterways, subject to the regulations of the United States and of this State, and make or cause to be made soundings and surveys and plans therefor, and to keep records thereof. The Harbor Utility shall be known and cited as "The Harbor Utility of the Township of Neptune."
b. 
The Harbor Utility budget shall set forth the anticipated revenues from the operation thereof which shall be set forth in a separate section of the municipal budget.
c. 
The Harbor Utility budget shall set forth the appropriations and shall include, as a minimum:
1. 
Operations;
2. 
Interest and debt retirement;
3. 
Deferred charges and statutory expenditures.
d. 
The appropriate Township officials and employees are directed, empowered and shall adopt accounting procedures consistent with this chapter and the aforesaid statutes in the creation and operation of the Harbor Utility.
e. 
The membership of the Harbor Utility shall consist of the Township Committee members who shall supervise and control the Utility and shall have the power to identify, collect, budget, report and monitor all expenses and revenues in connection with the operation, maintenance and improvement of the land and improvements on the waterways designated herein.
f. 
All appropriations in the Harbor Utility budget shall be under the direction of the Mayor and Township Committee as outlined in the regular municipal budget.
g. 
Nothing herein shall be construed to alter, modify or eliminate any of the responsibilities or powers of the Township Committee with respect to the operation, maintenance, improvement and management of the departments, nor are any of the organizational reporting relationships intended to be altered, modified or amended.
[Ord. No. 06-30 § 1]
The Township of Neptune Harbor Utility hereby dedicates all revenues derived from the sale of dock fees, slip charges, boat ramp fees, leasing agreements, storage fees, interest or penalties charges, or any other fees or charges promulgated hereunder toward the payment of costs associated with the maintenance, supervision and control of the Marina Area designated here to the Neptune Harbor Utility.
[Ord. No. 06-30 § 1]
All matters with respect to the operation and conduct of the Harbor Utility not determined by this chapter shall be determined by resolutions to be hereafter adopted.
[Ord. No. 06-30 § 1]
This section is adopted to regulate the use and operation of the Marine Basin and establish fees and charges for the use thereof.
[Ord. No. 06-30 § 1; Ord. No. 13-16; Ord. No. 2016-35 § 2]
For the purposes of this section:
DINGHY SAILBOAT
Shall mean any boat that is not greater than sixteen (16') feet in length and that is designed and constructed to be powered primarily by the use of one (1) or more sails.
VESSEL
Shall mean a boat, ship or any other watercraft, regardless of whether it is, or was, used for recreational, commercial or industrial purposes or any other purpose other than a seaplane on the water, used or capable of being used as a means of transportation on the water, except a boat or watercraft, which is subject to the provisions of P.L. 1969, C.264 (C.12:7C-1 et seq.), and includes any trailer used to transport or store it.
WATERCRAFT
Shall mean any ship, vessel, boat, motorboat, or other vehicle when used on water, including seaplanes when not airborne, jet skis, and any contrivance, vehicle, object, vessel or matter that can be used both in water and on land, or in water and in air, or any combination of these uses.
WATERWAY
Shall mean that area of Shark River which is westerly of State Highway Route No. 35 and the Shark River Bridge on that highway, within the boundary lines of the Township.
[Ord. No. 06-30 § 1; Ord. No. 07-23 § 1]
a. 
No person shall operate in the Neptune Marina Area any watercraft unless properly licensed as required by applicable State and Federal laws and regulations.
b. 
All marine contractors/vendors making repairs to any boat on land or docked in the water are required to obtain a Township Marina Vendor License. Requirements for obtaining a Township Marina Vendor License are as follows:
1. 
Certificate of Insurance displaying a minimum amount of two million ($2,000,000.00) dollars in liability insurance.
2. 
Payment of an annual license fee of three hundred fifty ($350.00) dollars.
[Ord. No. 06-30 § 1]
The regulations herein set forth shall apply to the use of the above-designated waterways within the Township and the use and operation of watercraft in that area.
[Ord. No. 06-30 § 1]
a. 
No person shall operate any watercraft in a reckless manner or at any excessive rate of speed so as to endanger or be likely to endanger the life or property of any person, and all watercraft shall be operated with due regard for the presence of other boats or persons, or other objects in or on the waterway.
b. 
No person shall operate any watercraft in the waterway at a rate of speed which causes waves of a magnitude to damage docks, wharves, seawalls, or watercraft moored to docks or wharves along said waterway.
c. 
No person shall operate any watercraft at a speed in excess of six (6) m.p.h. miles an hour in the Federal Channel of the waterway, and at a speed in excess of three (3) m.p.h. miles an hour within any of the yacht basins in the Neptune Marina Area, or any other place of similar concentration of craft within that area, except in cases of fire or extreme emergency. The limitation on speed prescribed by this section shall not apply to seaplanes in the process of landing or taking off in proper prescribed areas.
[Ord. No. 06-30 § 1]
a. 
No person shall operate in the Neptune Marina Area any watercraft which does not meet all applicable equipment requirements of the United States Coast Guard.
b. 
No person in charge of any watercraft in operation in the waterway or moored at any wharf, dock, pier or area in the waterway shall allow the same to operate or remain during the nighttime unless properly lighted in compliance with any applicable United States Coast Guard regulations.
c. 
No person operating any watercraft in the waterway shall use searchlights indiscriminately or in such a manner as to annoy or disturb other persons on land or water or any other watercraft.
d. 
No person shall run or operate any watercraft engine for the purpose of charging batteries, running auxiliary equipment or testing, between the hours of 12:01 a.m. and 6:30 a.m., prevailing time, in any day.
e. 
No person shall operate watercraft with an outboard or inboard motor unless the same is equipped with an adequately muffled exhaust.
f. 
No person shall use any bell, siren or other noise-producing or noise-amplifying instrument on any watercraft in such a manner that the peace and good order of the neighborhood is disturbed; provided however, that nothing herein shall be construed to prohibit the use of whistles, bells or horns as signals as required by any Federal or State law for the safe navigation of watercraft.
g. 
No watercraft shall be moored in any channel, except at the edge thereof, and in no case closer than fifty (50') feet to channel markers, and in no way to interfere with the full use of the channel by others; nor shall any watercraft be moored to any private or public seawall, dock or beach without the permission of the owner or lessee thereof.
h. 
No person shall operate any watercraft while under the influence of intoxicating liquor, narcotics, drugs or opiates.
i. 
No person shall operate any watercraft in such a manner as to unjustifiably or unnecessarily annoy, frighten or endanger the occupants of any other watercraft, or throw up a dangerous wake when approaching another watercraft or any dockage area.
[Ord. No. 06-30 § 1; Ord. No. 2016-35 § 3]
a. 
No signs of any type, kind or description shall be placed or maintained upon any vehicle, private or commercial, parked in the Neptune Marina Area. Lettering of ownership upon the vehicle itself shall not constitute a sign.
b. 
No watercraft shall exhibit signs which advertise any product or service.
[Ord. No. 06-30 § 1]
a. 
No commercial vehicle or busses shall be parked in the Neptune Marina Area except in specific area or areas designated by the Township Committee.
b. 
Passenger vehicles may park only in the specific areas designated for parking. No vehicles shall park within roadways laid out in the Neptune Marina Area or within any fire or emergency area.
c. 
Boat trailers and vehicles attached to the same shall be parked only in specific areas designated for the same.
d. 
There shall be no parking of trailers of any type along the riverside parking areas of the Neptune Marina between South Riverside Drive and the Shark River on weekends and holidays. Violators will be subject to the issuance of a summons for the first offense. All subsequent offenses will be subject to the issuance of a summons and the trailer being towed from the property.
[Added 4-22-2019 by Ord. No. 2019-09]
[Ord. No. 06-30 § 1; Ord. No. 12-29 § 3]
a. 
No person shall swim or skin-dive in any area of the waterway or from any of its adjoining docks, piers or walls, or from or within any portion of the Neptune Marina Area, except where specifically designated for such use by the Township Committee.
b. 
No person, except owners of watercraft moored on the low water docks of the Neptune Marina Area, or their guests, shall be permitted on the low water docks.
c. 
No person shall fish or crab from any of the premises, docks, seawalls or piers of the Neptune Marina Area except in such area or areas as designated by the Township Committee. Within designated areas all fishermen must clean up bait, refuse, trash and seaweed, leaving the pier and dock or seawall clean.
d. 
No person shall sell or clean fish on any dock, pier or seawall of the Neptune Marina Area, or any other portion thereof, unless specifically designated for such use by the Township Committee.
e. 
No person shall hawk, peddle, vend, distribute, or deliver, any goods, wares, fish, food products or merchandise of any type and kind in any part of the Neptune Marina Area. No commercial delivery of any goods, product or merchandise shall be made by vehicle to the Neptune Marina Area, except to a designated loading area approved by the Township Committee and utilized between 8:30 a.m. and 11:30 a.m., and 1:30 p.m. and 4:30 p.m.
All such goods, products or merchandise shall then be unloaded by hand and moved by hand or by non-motorized cart to their final destination.
Nothing contained in this paragraph shall be construed to prohibit customers of commercial vessels or owners and passengers of pleasure boats from unloading their vehicles in appropriately designated areas.
This paragraph shall not be deemed to apply to municipal employees or contractors acting on official business.
In the event of any emergency or other special circumstances, the Harbor Master/Township Administrator or designee may authorize the delivery of any service and/or part(s) at an appropriate location and time.
However, the regulations and prohibitions contained in this section shall not apply to veterans or exempt firemen possessing a valid license issued pursuant to N.J.S.A. 45:24-9 et seq.
f. 
No person shall grind chum in any part of the Neptune Marina Area except in the area designated for such use by the Township Committee.
g. 
Designations of areas for permitted or prohibited uses to be made by the Township Committee as required by the provisions of this section shall be made by appropriate resolution of that body.
h. 
No person shall at any time use any watercraft within the harbor area for sleeping or living purposes from November 1 to April 1 of the following year, both dates inclusive; except that the Harbor Master/Township Administrator or designee may authorize the temporary use of any watercraft for sleeping purposes if: (1) it is necessary in the opinion of the Harbor Master/Township Administrator or designee for the safety and preservation of the watercraft; and (2) the temporary use for sleeping purposes by transient watercraft fully equipped for no more than two (2) nights.
[Ord. No. 06-30 § 1]
The provisions of this section shall not be construed to prohibit the running of racing or exhibition watercraft, muffled or unmuffled, during a publicly announced and properly supervised and adequately patrolled regatta or speed trial or exhibition having proper authorization in writing from the Township Committee as to the area to be utilized for those purposes.
[Ord. No. 06-30 § 1; Ord. No. 07-23 § 1]
a. 
No person shall litter or dump refuse on any dock, pier or seawall of the Neptune Marina Area, or any portion thereof, nor shall any garbage, paper, bottles, cans, refuse, trash or debris be dumped or thrown into the waterway or any portion of that area.
b. 
All persons in charge of or occupying any watercraft shall at all times keep docks, piers, seawalls and premises adjacent to such watercraft in a neat and orderly manner and free from all trash, rubbish, repair parts, machinery, equipment and debris of all kinds.
c. 
The lessee or sublessee, including any watercraft owner whether private or commercial, shall maintain his/her lease area in a clean and sanitary condition, free of all refuse, garbage, trash and debris.
d. 
Any person in charge of any watercraft moored or docked in or along the waterway or person renting any pier, dock, slip or wharf in or along that waterway, and any lessee or sublessee, including private or commercial watercraft owners, shall dispose of trash and refuse in dumpsters provided by the Township. Recyclables shall be placed in designated containers as provided by the Township. Paints shall be disposed of in designated containers located at the Marina Repair Facility. Painting of boats below the water line must be in accordance with the provisions of New Jersey Clean Marina Guidelines.
[Ord. No. 06-30 § 1]
Persons in charge of or occupying, or being guests or passengers on boats docked at or moored to land, docks, piers, wharves or areas abutting the waterway, or sailing or operating in any waters of the Shark River located in any portion of the Township, shall observe all health and sanitary regulations of the Township and all ordinances of the Township relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace. All heads, toilets, toilet and washing facilities shall be locked, closed and not used on any boat while within the confines of the Township, whether docked or moored or traveling or standing still on the waterway or any portion of the Shark River within the boundary lines of the Township. No feces, excrement, tarnished, stained, sullied or putrescent material or liquid shall be discharged or released or placed in the waterway or on any land, docks, piers, wharves or areas abutting the waterway, or in any portion of the Shark River located within the boundary lines of the Township.
[Ord. No. 06-30 § 1; Ord. No. 07-23 § 1; Ord. No. 12-29 § 3; Ord. No. 13-16; Ord. No. 2016-35 § 1]
a. 
Declaration as Nuisance. Every vessel or watercraft in the waterway, which is abandoned or which becomes a menace to navigation or is unseaworthy, or sinks, grounds or becomes otherwise disabled, is hereby declared to be a nuisance and the person in charge thereof shall abate such nuisance within forty-eight (48) hours after notice thereof from the Harbor Master or Business Administrator.
b. 
Notice that Vessel/Watercraft Will Be Removed. After a vessel or watercraft has been moored, grounded or docked without a Neptune Township Marina Vendor License for a period of one (1) week, the Harbor Master or other designee of the Township Committee may affix a notice on the vessel or watercraft advising that if the vessel or watercraft is not removed by the date indicated on the notice, which shall be no less than seven (7) calendar days following the date that the notice is affixed, then the vessel, including any trailer upon which a grounded vessel or watercraft has been placed, will be removed to a holding area. The Harbor Master and/or Township Administrator shall designate and appropriately mark an appropriate location in the harbor area.
c. 
Power of Township Committee. The Township Committee and its designee are hereby vested with the power to raise, recover, tow, remove, store, destroy and dispose of vessels or watercraft that have been abandoned in the harbor or waterfront as appropriate pursuant to the procedures applicable to municipal waterways in the Abandoned and Sunken Vessel Disposition Law (N.J.S.A. 12:7C-7 et seq.) or other statutory provisions for the disposition of abandoned watercraft and vessels.
d. 
Liability for Damages. No agent, servant, employee or authorized representatives of the Township Committee or the Township shall be held liable for any damages or loss to any vessel or watercraft or its contents that is removed to a holding area and stored pursuant to the authority of this subsection.
e. 
Violations and Penalties. The owner or operator of the vessel or watercraft who violates the provisions of this subsection shall be liable to a penalty of not less than one hundred ($100.00) dollars nor more than one thousand two hundred fifty ($1,250.00) dollars. Each day upon which the violation continues shall constitute a separate offense. The civil penalty imposed pursuant to this subsection shall be collected pursuant to the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-19 et seq.) in a summary proceeding in the Township Municipal Court.
f. 
Issuance of Summons; Disposition of Fines. The Harbor Master or his or her designee, or other designee as appointed by the Township Committee or any member of the Township Police Department is authorized to issue a summons for a violation of the provisions of this subsection and may serve and execute all process with respect to its enforcement. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local municipality and shall be paid into the treasury of the Township of Neptune.
[Ord. No. 06-30 § 1; Ord. No. 07-23 § 1; Ord. No. 12-29 § 3]
The Harbor Master and members of the Neptune Police Department shall have authority to board any watercraft moored in violation of this section, or abandoned or otherwise disabled as stated in subsection 18-2.13 preceding, and move it or cause it to be moved to another location and to hold such watercraft for payment of costs incurred in its removal and/or storage.
[Ord. No. 06-30 § 1]
No recreational vehicles ("RV's") campers or other vehicles, trailers or the like are permitted at the Neptune Marina and related parking areas.
[Ord. No. 07-23 § 1]
All applicable provisions of the New Jersey State Green Acres Program rules and regulations shall apply to the use, operation and maintenance of the entire Marina Property.
[Ord. No. 06-30 § 1; Ord. No. 07-23 § 1; Ord. No. 12-29 § 3; Ord. No. 2016-35 § 1]
The docking rates, the starting and ending dates of each year's season, and the installment service charge shall be established by resolution of and approval of the Township Committee. A boat will not be launched for summer docking if the winter storage area is not maintained in clean condition as determined by the Harbor Master or his designee.
[Ord. No. 06-30 § 1; Ord. No. 12-29 § 3; Ord. No. 2016-35 §§ 1,4]
a. 
Daily Rates. Daily rates for itinerant pleasure boats, if slips are available, shall be established by resolution of and approval of the Township Committee.
b. 
Boat Ramp—Daily, Weekly, Monthly and/or Seasonal Fees. The fee for daily boat ramp use (one (1) launch and retrieval) shall be established by resolution of and approval of the Township Committee.
c. 
Winter Wet Storage. The winter wet storage fee shall be established by resolution of and approval of the Township Committee. These rates shall also apply to itinerant pleasure boats for the purpose of extending the season, prorated by the week.
d. 
Prorated Rates. Any initial lease signed after August 1 of any year may be accepted on payment of one-half (1/2) of the seasonal rate in effect for pleasure boats. Commercial boat rates shall be determined by dividing the current rate by three hundred sixty-five (365) days, then multiplying the result by the number of days remaining in the year.
e. 
Pleasure Boat Leases. Any pleasure boat lease may be canceled upon written request of the lessee, but only if the slip is rerented. Upon receipt of payment in full from the new lessee, the Chief Financial Officer may refund the rent on the canceled lease, less ten (10%) percent to be retained as a cancellation fee, provided the canceling lessee has removed his/her boat from the slip. The Township has no affirmative objection to seek out a new tenant.
f. 
(Reserved)
g. 
Assignment of Existing Lease. Assignment of boat lease is prohibited.
h. 
Subleasing of Slips. Subleasing of boat slip is prohibited.
i. 
Mooring Fees. The fee for mooring facility use shall be established by resolution of and approval of the Township Committee. No person shall occupy any property or waterway within the Marina or within the Township's riparian grants without a lease or prior permission.
j. 
Slip Transfer Fee. The fee for transferring from one slip to another shall be established by resolution of and approval of the Township Committee, which fee shall be in addition to any rent increase required as a result of the transfer. All transfers will be made by the Chief Financial Officer.
k. 
The Chief Financial Officer is hereby authorized to accept renewals of existing leases, provided the lessee executes a written lease renewal agreement and pays the rent for the renewal term in full on or before December 31st of the current lease year. Execution of winter storage agreement shall not extend the due date for pleasure boat rents. Failure to execute a lease renewal agreement and to pay the rent for the renewal term in full as set forth above will result in a termination of all rights, and the vessel will be required to leave the marina upon expiration of the current lease.
l. 
Boat Ramp—Annual Boat Ramp Pass. The fee for an annual boat ramp pass shall be established by resolution of and approval of the Township Committee. A rate for a senior citizen's annual boat ramp pass, for persons sixty-two (62) years of age or over, veterans, and disabled persons, may also be established by resolution of and approval of the Township Committee. All annual boat ramp passes are subject to the following conditions: passes may only be used for one (1) launch and one (1) retrieve per day; in order to obtain a pass the person applying must provide a copy of a current boat/vessel registration; the pass is only valid for the boat/vessel of the registration presented; anyone violating these conditions forfeits the use of the ramp pass in accordance with this chapter.
m. 
Interest Rates. The rate of interest to be charged for the nonpayment of slip rental fees, and any other service received from marina is hereby fixed at eighteen (18%) percent per annum on the delinquency to be calculated from the date of service or from the scheduled payment date to the date of actual payment.
n. 
Dinghy Sailboat Dockage and Moorings. Dinghy sailboats, as defined in subsection 18-1.3, may be docked or moored subject to the regulations set forth herein. Dockage and mooring of dinghy sailboats shall be limited to the season beginning on May 15th of each year and ending on the following September 15th of each year, unless extended by the Harbor Master. The dockage and mooring of dinghy sailboats and the use of the Township's facilities relating thereto shall be subject to such additional terms and conditions and rules as shall be set forth in a lease approved by the Township Attorney:
1. 
The rate for the out-of-water dockage of dinghy sailboats may be changed by resolution and the approval of the Township Committee.
2. 
The rate for the mooring of dinghy sailboats may be changed by resolution of and the approval of the Township Committee.
3. 
Notwithstanding the foregoing, any owner of a dinghy sailboat that enters into an agreement with the Neptune Recreation Department authorizing the Neptune Recreation Department to use his or her dinghy sailboat in connection with the Neptune Youth Sailing Program shall be entitled to a reduction of one hundred ($100.00) dollars from the applicable seasonal fee for dockage or mooring. Nothing contained herein shall be construed to require the Neptune Recreation Department to enter into an agreement for the use of a dinghy sailboat, if the Director of the Neptune Youth Sailing Program determines in his sole discretion that there is no need for the use of any particular dinghy boat, or if a boat is for any reason unsuited for use by the Neptune Recreation Program. As a further inducement to encourage owners of dinghy sailboats to authorize the use of the boats by the Neptune Recreation Program, the Township of Neptune shall agree to indemnify and hold the owners of the said dinghy sailboat harmless from any liability relating to the use of the said dinghy sailboat by the Neptune Recreation Department, and shall further agree to repair any damage to the said dinghy sailboat, except for such damage as the Director of the Neptune Youth Sailing Program determines, in his sole discretion, to constitute normal wear and tear. The agreement between the Neptune Recreation Department and the owner of dinghy sailboat shall be subject to such additional terms, conditions and rules as shall be set forth in an agreement approved by the Township Attorney.
4. 
The assignment or subleasing of dockage racks or moorings for dinghy sailboats is prohibited.
5. 
The number of dockage racks and moorings available for lease pursuant to this section shall be determined by the Township Committee. Spaces shall be made available on a first-come, first served basis. In the event the demand for the dockage or moorings exceeds supply, preference shall be given to those owners of dinghy sailboats who agree to authorize their boats to be used by the Neptune Youth Sailing Program.
o. 
With the consent and approval of the Neptune Township Committee, and/or the Chief Financial Officer of the Township of Neptune may enter into any other leasing or other agreements in connection with the purposes established herein.
[Ord. No. 06-30 § 1; Ord. No. 07-23 § 1; Ord. No. 12-29 § 3; Ord. No. 2016-35 § 5]
a. 
Anchorage or mooring of any vessel in the Marine Basin or any waters subject to Township jurisdiction.
b. 
Docking of any vessel at any location or in any slip without prior consent of the Harbor Master/Township Administrator or designee.
c. 
Docking for more than fifteen (15) minutes in designated areas.
d. 
Docking, mooring or anchorage in emergencies without immediate notification and consent of the Harbor Master/Township Administrator.
e. 
Tamper, vandalize, deface, obstruct or interfere with the boat ramp, or any part of the boat ramp.
f. 
Any person abusing the boat ramp, annual boat ramp passes, or gate will be barred from using the boat ramp for the remainder of the calendar year. Anyone caught abusing the boat ramp on a second occasion will be forever barred from using the boat ramp or from using the services or facilities of the Neptune Marina. Unused annual boat ramp passes or portions thereof will be forfeited and no refunds will be issued. The term "abusing" shall have its ordinary and customary meaning and shall include, by way of illustration and not limitation, leaving the chain unlocked after use, using the key to allow more than one (1) vessel, boat, sail boat or jet ski type craft to enter or exit at one time, breaking the gate or otherwise impeding its normal operation or otherwise using the boat ramp in a manner prohibited by law, ordinance or resolution.
g. 
Any and all commercial uses as defined as any boat or vessel carrying passengers for hire or for commercial purposes by prearranged appointment or reservation for fishing or any other purpose.
[Ord. No. 06-30 § 1; Ord. No. 2016-35]
The Mayor and Committee hereby establish the following priorities and they recognize that it may be necessary to regulate the number and type of vessels:
a. 
All commercial leases may be renewed for one (1) year, provided that the rent for the renewal term is paid in full and a written lease renewal agreement or contract is executed on or before December 15th, of the current lease year.
b. 
Pleasure boat leases may be renewed for the following season, provided the rent for the following term is paid in full and a written lease renewal agreement or lease is executed on or before December 15th, of the current lease year.
c. 
Failure to pay the rent for a lease renewal on or before the date set forth in paragraph a and/or b above shall result in loss of priority in the leased slip. The Township Committee shall maintain a waiting list of pleasure vessels, with available slip being offered to the persons whose names appear on the list. Any person to whom a slip is offered must execute a lease and pay the rent within five (5) business days after the offer is made or the offer will be withdrawn and that person's name removed from the list and the slip offered to the person whose name next appears in order on the list. Names will be added to the waiting list in order, according to the date when a request to be added to the list is made.
[1]
Editor's Note: Subsection 18-3.5, Restrictions on Commercial Uses, containing portions of Ordinance Nos. 06-30 and 07-23 was deleted in entirety by Ord. No. 2016-35.
[Ord. No. 06-30 § 1; Ord. No. 07-23 § 1; Ord. No. 12-29 § 3; Ord. No. 2016-35 §§ 1, 7]
No person or corporation shall use or occupy any property owned by the Township in the waters or in the waterways of the Township for the purposes of docking, mooring or anchorage of boats or other related purposes without first having entered into a lease for such privileges or on a temporary basis having obtained permission from the Harbor Master/Township Administrator or designee and paid the fees and charges for such use. The following conditions shall apply to any such use:
a. 
Slips shall be assigned to the holder of a lease for a particular boat. No other boat may occupy the assigned slip except as provided in the lease or by prior written consent of the Township.
b. 
No boat shall waste water. Freshwater hoses shall be equipped with self closing nozzles or hand grip type nozzles.
c. 
All boats occupying berths or mooring spaces shall be equipped with proper lines approved by the Harbor Master or his designee. No lines shall be left on either the pilings or dock areas after the close of the summer docking season.
d. 
No changes in slips will be permitted without prior written consent of the Harbor Master/Township Administrator or designee.
e. 
Any condition on, about or around a boat declared to be a fire hazard in the judgment of the Harbor Master/Township Administrator or designee or the Chief of the Fire Department or Fire Inspector shall be removed by the owner or person in charge of such boat immediately.
f. 
Walkways and facilities through or by which access is gained to boats docked or moored shall be kept clear at all times. No supplies, equipment, or material of any kind shall be piled or placed thereon. No boat owner or their guests shall cause any security or access gate or door anywhere in the Marina to be propped open, tied open or otherwise prevented from closing, or tamper with or destroy the gate or locking mechanism.
g. 
In an emergency or under unusual conditions when the Harbor Master/Township Administrator or designee shall so determine, the Harbor Master/Township Administrator or designee reserves the right to assign a slip adequate for the boat other than the slip originally assigned to it.
h. 
All leases shall be in writing prepared by the Township Attorney and must be signed, delivered to the Harbor Master/Township Administrator or designee and complied with in all respects before occupancy of any slip is permitted. Anyone in occupancy of any slip after the expiration of any lease shall be subject to per diem charges of one hundred ($100.00) dollars per day for commercial vessels and fifty ($50.00) dollars per day for pleasure boats as well as any other remedy available to the Township by Statute or ordinance.
i. 
(Reserved)
j. 
No owner, captain, mate, employee, agent or other person on behalf of the owner or captain of any boat may hawk or solicit business anywhere in the Marine Basin.
k. 
Soliciting for the sale of products or services by anyone shall be prohibited in the Marine Basin; however, this prohibition shall not apply to veterans or exempt firemen possessing a valid license issued pursuant to N.J.S.A. 45:24-9 et seq.
l. 
No one may be permitted on the lower docks except Township personnel, boat owners, their employees, agents, invitees, or passengers for hire.
[Added 12-21-2020 by Ord. No. 20-34]
a. 
Any forecast by the United States Weather Service of an anticipated tropical storm/hurricane or worse, with anticipated sustainable winds of 39 mph or more, shall cause all users of the marina with boats, vessels, and/or watercraft of any kind stored or kept at the marina to remove said boats, vessels or watercraft from the marina prior to such tropical storm/hurricanes or worse, reaching the marina in Neptune Township. Failure to do so shall result in the owner of said boat, vessel and/or watercraft to be responsible for any damage caused by their particular boat, vessel and/or watercraft to marina property, and the marina shall not be responsible under any circumstances for damage to said boats, vessels and/or watercraft caused by such storm and its effects.
b. 
In cases where an owner of a boat, vessel and/or watercraft of any kind stored or kept at the marina does not have the means for removal of said boat, vessel and/or watercraft and would require the marina to undertake the removal, said owner must notify the Harbormaster and pay the necessary fee for removal within 72 hours or more of a forecast by the United States Weather Service of an anticipated tropical storm/hurricane or worse, which is anticipated to impact the marina in Neptune Township. Failure to provide said notice subjects the owner to the same responsibility for damage to the owner's boat, vessel and/or watercraft or such damage to other boats, vessels and/or watercraft or to property of the marina caused by such storm and its effects.
c. 
In addition to the owner of such boats, vessels and/or watercraft being responsible to any damage to the marina caused by their boat, vessel and/or watercraft, such owner shall be subject to violation provisions under Section 18-4 of this Chapter.
d. 
All owners of boats, vessels and/or watercraft stored or kept at the marina shall be subject to a written contract with the marina, which will address all terms and fees associated therein, and will have a general release with regard to the marina of Neptune Township from any damage caused to owners' boats, vessels and/or watercraft as against the marina or the Township of Neptune caused by tropical storms/hurricanes or similar weather events.
[Ord. No. 06-30 § 1; Ord. No. 07-23 § 1]
Violation of any provision of section 18-3 after public hearing before the Township Committee may result in revocation or suspension of the Mercantile License of the owner of the vessel for the benefit or at whose direction the violation occurred. This penalty shall be in addition to any other penalty provided by law or ordinance.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, for each instance of violation, be fined an amount not less than one hundred ($100.00) dollars and not more than one thousand ($1,000.00) dollars and/or imprisonment for a period not exceeding ninety (90) days and/or a period of community service not exceeding ninety (90) days at the discretion of the Judge of the Municipal Court.