Editor's Note: The original ordinance establishing the Waterfront Cleanup Regulations is on file in the office of the Town Clerk.
This chapter shall be known as the "Waterfront Cleanup Regulations."
As used in this chapter:
- Shall mean any loose material not attached to the land or to any structure and which is capable of becoming drift, and any watercraft, not under safe control.
- Shall mean the Director of the Department of Public Works as appointed by the Mayor, and who may appoint, with the approval of the Mayor, an authorized agent to act in his behalf.
- Shall mean any floatable material which may cause damage to vessels or craft.
- FINAL ORDER
- Shall mean either the order of the Mayor, after the time to request a review thereof has lapsed, or the order of the Mayor issued as a result of the review requested in subsection 22-1.7.
- NAVIGABLE WATERS
- Shall mean the waterways which are capable of carrying interstate commerce, and the tributaries thereto, within the geographical limits of the Town.
- Shall mean the land, building, wharf, pier, dolphin, boom, weir, breakdown, bulkhead, jetty, or other structure and shall include all or any as may be necessary.
- WATERFRONT, SHORE OR BANK
- Shall mean that portion of the land which borders navigable waters and which lies shoreward of the established harbor lines or low water mark within the corporate limits of the Town.
The general purpose of this chapter is the elimination of sources of drift and debris which constitute possible obstacles or hazards to existing navigation on the navigable waters of this Town by the removal and disposal of debris and deteriorated structures on the shores of such waters, and liable to be washed into such waters.
Whenever the Director has reasonable grounds to believe that:
Debris placed or deposited on the banks of any navigable water is liable to be washed into such navigable water by any cause whatsoever and thereby be or become a source of drift likely to hinder, impede or otherwise obstruct navigation; or any watercraft not under safe control; or
The condition of any wharf, pier, dolphin, boom, weir, breakdown, bulkhead, jetty, or other structure on or bordering on the shores of any navigable water is so dilapidated and deteriorated as to be or become a source of drift or debris liable to be washed into such navigable waters by any cause whatsoever and thereby likely to hinder, impede, or otherwise obstruct navigation, the Director may find the same to be a public nuisance and thereupon order that the same be removed, abated, altered or repaired as such Order may specify; may be issued by the Mayor on the Director's Report.
The order of the Mayor issued pursuant to Section 22-1.4 of this chapter shall be in writing, directed to the occupant, and last known owner of record, if not such occupant, of the premises which are the subject of the complaint, and shall specify whether the condition complained of shall be removed, abated, altered or repaired.
The order of the Mayor issued pursuant to subsection 22-1.5 shall be served upon the occupant, and the last known owner of record, if not such occupant, of the premises which are the subject of the complaint either by personally delivering a copy of such Order to such occupant and last known owner of record or by registered mail addressed to such persons at their last known address.
Within 15 days after service of the order of the Mayor issued pursuant to subsection 22-1.5 or, under emergency, within such shorter time as the Mayor may prescribe, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the Mayor to review the same. The Mayor, or his agent after such review, at which all interested parties shall be afforded the opportunity to be heard, may affirm, modify or reverse the order of the Mayor as the facts may warrant. Unless the same is declared by a court of competent jurisdiction to be arbitrary, capricious or not supported by substantial evidence, the order of the Mayor, after review thereof, shall be final and conclusive.
In the event that the persons to whom the order of the Mayor is directed fail or refuse to comply with the terms of such order within 30 days after such order has become final, the Director shall without further notice to any person, take or cause to be taken the necessary action to remove, abate, alter, or repair the nuisance as specified in the order. The costs and expenses incident thereto shall be a personal charge against the occupant, and last owner of record, if not such occupant, of the premises affected and all appurtenances thereto.
No person shall abandon any flat bottomed boat, barge, scow, raft or vessel upon any public land or waterway to or upon any private property within the Town without the prior written permission of the Director of Public Works, who is hereby designated by the Board of Council to perform this function, subject to review and final decision by the Mayor. No drift or debris shall be caused or continued by any person.
The owner of any occupied or unoccupied barge, which is to be docked in or on the banks of any river or navigable waterway within the Town for more than 10 consecutive days, shall post a surety bond in the amount of $25,000 with the Town Clerk and in favor of the Town, the bond being issued by an insurance company authorized to do business in the State of New Jersey.
In the event that a barge bonded in accordance with the preceding subsection sinks or otherwise becomes unable to navigate under its own power, the bond so posted shall be forfeited to the Town, to aid in the removal of such barge from any river, riverbank or navigable waterway within the Town.
The surety on a bond issued pursuant to the above shall have the right to immediately cancel such bond upon the removal of the barge from the rivers and riverbanks of the Town.
This chapter shall not apply to barges, ships or boats owned or operated by common carriers engaged in interstate or foreign commerce, nor shall it apply to pleasure craft used on a seasonal basis.
Any person who violates this chapter by abandoning any flat bottomed boat, barge, scow, or raft without permission shall be subject to the penalties prescribed by N.J.S.A. 12:7C-1 et seq. as amended and supplemented. All other violations shall be punishable by the penalty stated in Chapter 1, Section 1-5. Each day shall constitute a separate offense.
[Ord. 7/2/51 § 1]
No person shall smoke, handle or use tobacco in any form lighted by fire, or ignite matches, or carry matches of any kind on any pier, bulkhead, wharve, dock, shed, warehouse, office or approach to the properties located on the waterfront in the Town or on any craft or vessel berthed or moored thereto, or on any dray or vehicle of any description passing on, through or over or using the properties.