[HISTORY: Adopted by the Board of Commissioners of the Borough of West Wildwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-1983 by Ord. No. 257]
In order to prevent disease and thereby protect the public health for those using the territorial waters of the Borough of West Wildwood, the following rules and regulations concerning the use of such waters are hereby adopted:
A. 
The dumping of garbage, food waste, offal or any other waste or sewage materials, treated or untreated, into any of these waters is hereby prohibited.
B. 
In order to assist in the enforcement of the provisions of Subsection A with respect to certain uses made of the waters, it is hereby declared that no person shall live upon, cook or use toilet facilities on any boat docked or moored in these waters unless a permit in writing is first obtained from the Chief of Police. No permit shall be granted unless the Chief of Police is satisfied that complete and proper facilities have been provided and will be used in such a manner in order to prevent the possible contamination of these waters. No such permit or series of permits shall be issued for a period in excess of 48 consecutive hours. A maximum of one such permit per month shall be issued to any one permittee or for any particular boat. The definition of "boat" herein shall include but not be limited to a floating home as defined in § 159-2.
C. 
Each marina or other marine entity shall have posted a sign not less than 12 inches by 14 inches visible at all ramps leading to all docks in each said marina or entity stating the following: "It is unlawful to live upon, cook upon, or make use of toilet facilities on any boat, vessel, floating home, or other entity docked or moored within the territorial waters of the Borough of West Wildwood."
[Added 9-6-1991 by Ord. No. 341]
In order to:
A. 
Preserve the waters within the territorial limits of the Borough of West Wildwood for recreational use; and
B. 
Protect the people, docks, bulkheads, boats and other water-based facilities from damage caused by poorly maneuverable floating homes during storms and period of high tide; and
C. 
Because Borough fire and police protection are not geared for water protection; and
D. 
Floating homes are not subject to the building codes, fire codes, zoning codes and other restrictions, all adopted for the preservation of the health, safety and general welfare of the residents and visitors of this Borough, floating homes shall not be permitted to be anchored or moored within the territorial waters of the Borough of West Wildwood.
As used in this article, the following terms shall have the meanings indicated:
FLOATING HOME
Includes what is commonly known as a "houseboat," having no contained means of locomotion, and also includes a houseboat designed primarily as a residence or dwelling, rather than for sailing, boating or fishing purposes.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person or persons violating this article or any of the provisions of the same shall, upon conviction thereof, be subject to one or more of the following: a fine of not more than $2,000, imprisonment for not more than 90 days or a period of community service for not more than 90 days.
[Adopted 4-7-2017 by Ord. No. 556]
No persons shall be permitted to store any kayak/paddleboard for any length of time without first obtaining a kayak storage permit from the Borough Clerk. Applications for a kayak/paddleboard storage area shall be upon the forms provided by the Borough Clerk. These permits will be issued on a first come basis.[1]
[1]
Editor's Note: The application for a kayak/paddleboard storage permit is available from the office of the Borough Clerk.
The fee for a one-month, nontransferable kayak/paddleboard storage permit shall be $35. The fee for a seasonal (May through October), nontransferable kayak/paddleboard storage permit shall be $75. Monthly kayak/paddleboard storage permits shall not be available for the months of January, February, March, November and December.
Kayaks/paddleboards stored in the Borough storage area shall be at the owner's risk, and the Borough of West Wildwood shall not be responsible for the theft of any kayak/paddleboard or for any damage or vandalism to any same. Kayak/paddleboard storage permit holders shall be permitted to lock their kayaks/paddleboards to the storage area with their own lock and cable or other device so long as the lock, cable or device does not interfere with the use of any other portions of the municipal kayak/paddleboard storage area by other permit holders.
The Superintendent of Public Works, his designee, and any member of the Borough of West Wildwood Police Department are authorized to remove or have removed any kayak/paddleboard left within the Borough storage area after expiration of the storage permit associated with it or otherwise in violation of this section. Such removed kayaks/paddleboards shall be impounded until lawfully claimed by their owners or disposed of in accordance with applicable statutes. As to any impounded kayak/paddleboard, the Borough Clerk, within 10 business days of the kayak/paddleboard being impounded, shall notify in writing the owner of the kayak/paddleboard that it has been impounded. Such notice shall be forwarded to the kayak owner by regular, first-class mail and by certified mail, return receipt requested, addressed to the address that was provided on the kayak/paddleboard storage permit application form. Any person who seeks to recover an impounded kayak/paddleboard will be required to establish proof of ownership, to the satisfaction of the Borough of West Wildwood Police Department, and pay the impound and storage fees established herein.
A. 
Impounded kayaks/paddleboards shall be retained until the owner shall have paid the sum of $50 as an impound fee plus an additional storage fee in the amount of $10 for each and every day, or portion thereof, that such kayak/paddleboard is retained and impounded.
B. 
Disposal of unclaimed, abandoned kayaks/paddleboards shall be in accordance with New Jersey statutes governing the sale of surplus Borough property and abandoned property. When a kayak/paddleboard comes into possession of the Borough of West Wildwood as provided herein and if the owner or the owner's whereabouts is unknown and cannot be ascertained or if the owner refuses to claim the kayak/paddleboard and pay the fees as provided herein, then the kayak/paddleboard shall not be disposed of for six months. After six months, Borough Commissioners, by resolution as provided in N.J.S.A. 40A:14-157, may provide for the sale of the kayak/paddleboard at public auction after notice of a designated time and place therefore, not less than 10 days prior thereto, published in the newspaper circulating within the Borough of West Wildwood.
C. 
Any person or persons violating this article or any of the provisions of the same shall, upon conviction thereof, be subject to one or more of the following: a fine of not more than $2,000, imprisonment for not more than 90 days or a period of community service for not more than 90 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No permits shall be issued to any person who has not complied with the laws of the State of New Jersey or the ordinances of the Borough of West Wildwood, providing regulations respecting the safety and health of those persons who may have occasion to use the premises and in the event any permittee fails to comply with such laws or ordinances after due notice and opportunity to be heard, the Board of Commissioners may revoke such permit.