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Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
Code
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The speed of power vessels shall at all times be regulated so as to avoid danger or injury to all manner of craft whether floating, moored, anchored or underway, or to piers, wharves, bulkheads, draw spans or other waterfront construction, either directly or by the effect of the wash or wave raised by such power vessel through its speed or otherwise.
A. 
A person who is under 16 years of age shall not operate a power vessel on the waters of this state, except that:
(1) 
A person who is under 16 years of age but at least 13 years of age and possesses a certificate certifying that person's successful completion of a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety may operate:
(a) 
A power vessel powered solely by a motor of less than one horsepower or an electric motor of 12 volts or less; or
(b) 
A power vessel which is 12 feet or greater in length and powered by a motor, or combination or motors, of less than 10 horsepower; and
(2) 
A person who is under 16 years of age and has successfully completed an approved boat safety course prior to July 1, 1996, may operate a power vessel on the tidal waters of this state, provided that the person complies with all other requirements of law, rule and regulation.
B. 
A person who is 16 years of age or older and was born after December 31, 1978, shall not operate a power vessel on the waters of this state without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, except that:
(1) 
A person who is 18 years of age or older, and who has in his/her possession a valid motor vehicle operator's license issued pursuant to N.J.S.A. 39:3-10, may operate on the waters of this state, without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, a power vessel that is powered solely by an electric motor or a motor, or combination of motors, of 10 horsepower or less, and is not a personal watercraft;
(2) 
An out-of-state resident, or a resident of a foreign country, who is 18 years of age or older and who will be in this state for less than 90 days may operate on the waters of this state, without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, a power vessel that is registered in that person's state or country of residence and is not a personal watercraft; and
(3) 
A person who is 18 years of age or older may operate on the waters of this state, without having completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety, a rented power vessel that is powered by a motor, or combination of motors, of more than 10 horsepower, and that is not a personal watercraft, under the following conditions:
(a) 
The person rents the power vessel from a business engaged in renting power vessels for use on the waters of the state;
(b) 
The person has successfully completed a state-approved pre-rental instruction course provided by the owner or lessor of the power vessel prior to operating the power vessel on the waters of the state; and
(c) 
The owner of the power vessel rental business is experienced in the operation of power vessels and has successfully completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety.
C. 
Except as provided pursuant to Section 18 of P.L. 1995, c. 401 (N.J.S.A. 12:7-86), a person shall not operate a personal watercraft on the waters of this state after July 1, 1997, without having successfully completed a boat safety course approved by the Superintendent of State Police in the Department of Law and Public Safety or a written test pursuant to Section 17 of P.L. 1995, c. 401.
D. 
Whenever a person who is required by this section or by Section 7 of P.L. 1995, c. 401 (N.J.S.A. 12:7-46), Section 3 or 4 of P.L. 1952, c. 157 (N.J.S.A. 12:7-47), or Section 9 of P.L. 1986, c. 39 (N.J.S.A. 12:7-57) to have completed a boat safety course operates a power vessel or personal watercraft, as appropriate, on the waters of this state, that person shall have in possession a certificate certifying that person's successful completion of a boat safety course approved by the Superintendent and shall, when requested to do so, exhibit the certificate to a law enforcement or peace officer of this state. Failure of the person to exhibit the certificate is presumptive evidence that the person has not completed an approved boat safety course.
E. 
A person who violates Subsection A, B, C, or D of this section or who exhibits to a law enforcement or peace officer a certificate of completion of an approved boat safety course of another person is subject to a fine of not less than $100 nor more than $500.
F. 
A person who owns or has control or custody of a power vessel and allows the power vessel to be operated on the waters of this state by a person who is required pursuant to the provision of this section to possess a certificate certifying successful completion of a boat safety course but who does not possess such certificate is subject to a fine of not more than $100.
G. 
A person making application to the Director of the Division of Motor Vehicles for a power vessel operator's license issued pursuant to Section 3 of P.L. 1995, c. 401 (N.J.S.A. 12:7-72) who is required pursuant to the provisions of this section to possess a certificate certifying successful completion of a boat safety course shall submit the original or a copy of the certificate with the application. The Director shall not issue a power vessel operator's license to such person who fails to submit the original or a copy of the certificate.
A. 
A person who lends any operator's license required pursuant to Section 3 of P.L. 1995, c. 401 (N.J.S.A. 12:7-72) to another person shall be subject to a fine of not less than $25 nor more than $100.
B. 
A person owning or having control or custody of a power vessel who allows the power vessel to be operated by a nonlicensed operator shall be subject to a fine of not more than $100.
C. 
A person operating a power vessel who exhibits the operator's license of another shall be subject to a fine of not less than $200 or to a term of imprisonment not to exceed 60 days, or both.
D. 
A person who exhibits the operator's license of another for purposes of identification in any situation other than as described in Subsection C of this section shall be subject to a fine of not less than $25 nor more than $100.
A person who possesses a motor, whether inboard or outboard, the motor number of which has been altered or mutilated, or who comes into possession of such a motor, shall at once file in writing with the Division of State Police a statement setting forth all circumstances in connection with that person's possession of the motor.
A. 
A person who operates a vessel on the waters of this state, without due caution and circumspection, in a manner that endangers or is likely to endanger a person or property shall be guilty of careless operation. Careless operation shall include, but need not be limited to, the loading of a vessel beyond the maximum capacity stated on the United States Coast Guard capacity label or the capacity label of the manufacturer affixed to the vessel.
B. 
In addition to any other requirements provided by law, a person convicted under Subsection A of this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to Section 1 of P.L. 1987, c. 453 (N.J.S.A. 12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate revocation of the privilege to operate a vessel on the waters of this state, or the continuation of revocation until the requirements of this subsection are satisfied.
A. 
A person shall not operate or allow another person to operate a vessel on the waters of this state unless the vessel has a serviceable United States Coast Guard approved personal flotation device for each person on board. Such devices shall be of a type and in sufficient number as required by the United States Coast Guard for a vessel of that class operating on navigable waters. Such devices shall be readily accessible when the vessel is under way or worn as required by regulation.
B. 
For the purpose of this section, the term “vessel” does not include surfboards, windsurfers, racing shells, rowing sculls and racing kayaks.
A. 
A person shall not discard debris from a vessel that is on the waters of this state. A person who violates this section shall be subject to a fine of not less than $200 nor more than $1,000 for each offense.
B. 
There shall be a rebuttable presumption that the owner of the vessel, if present on the vessel, or, in the owner's absence, the operator of the vessel, is responsible for any violation of this section, if:
(1) 
Debris of any nature is discarded from the vessel by an occupant of the vessel;
(2) 
There are two or more occupants in the vessel; and
(3) 
It cannot be determined which occupant of the vessel is the violator.
A person operating a vessel on the waters of this state shall stop or lay to when so ordered by any law enforcement officer.
A. 
No person shall operate or allow any person to operate any motorboat in or on the waters of this state unless said motorboat is carrying on board the minimum equipment for motorboats as is required in the Federal Boating Act of 1940, the Federal Boat Safety Act of 1971, and/or amendments thereto and as may be amended, including any and all regulations adopted thereunder, amendments thereto and as may be amended.
B. 
Whenever such motorboat is in operation, this equipment shall be produced by the operator or the captain of the motorboat upon the request of a law enforcement officer of this state.
C. 
Failure to produce such equipment will be a violation of this section.
A. 
No vessel shall display a rotating or sequential flashing light except as provided in this section.
B. 
Any law enforcement or emergency vessel may display a rotating blue light beacon.
C. 
Any vessel engaged in activity recognized by the Coast Guard as being eligible for its use may display a rotating red and yellow light.
No vessel shall be equipped with, nor shall any person use upon a vessel, any siren except as otherwise permitted in this section. It is permissible that any vessel be equipped with a theft alarm signal device which is so arranged that it cannot be used by the operator as an ordinary warning signal. This section shall not apply to any vessel operated by or for the Department, a first aid squad, or a police or fire department.
All vessels navigating the waters of this state shall comply with the inland rules of the road as set forth by the Coast Guard, except where the international rules of the road are applicable.
No person shall anchor or cause to be anchored, tie or cause to be tied any power vessel, rowboat, sailboat, canoe, or any other vessel to or within a radius of 50 feet of any light, beacon, buoy, or any other aid to navigation, except in an emergency. This section shall not apply to vessels operated by the state or federal government for the maintenance, replacement or survey of navigation aids.
A. 
No person shall operate any vessel in a manner which shall unreasonably interfere with other vessels or with free and proper navigation of the waterways.
B. 
Anchoring in heavily traveled channels or main thoroughfares shall constitute such interference if unreasonable in the prevailing circumstances.
C. 
No person shall tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft, or carelessly sink or permit or cause to be sunk or, except in an emergency, voluntarily sink or permit or cause to be sunk a vessel or other craft in a navigable channel.
No boat shall move across the course or around the course of any such race or regatta so as to create a water condition which shall unnecessarily endanger the life, limb or craft of those competing in the race or regatta.
The operator of a power vessel shall not allow any person to ride in any position that would unduly endanger life or limb nor allow passengers or cargo in excess of the maximum capacity stated on the manufacturer's or U.S. Coast Guard information label.
A. 
This prohibition includes, but is not limited to, any position where the person may be in grave danger of falling overboard.
B. 
This prohibition excludes all positions which may be necessary for the operation or safety of the vessel.
The operator of a vessel equipped with a lanyard cutoff switch shall wear the safety switch lanyard at all times when the vessel is in operation.
A. 
Any person finding, recovering or coming into possession of any vessel other than through normal purchase, loan, rental, charter, or gift shall notify the Bureau within 24 hours.
B. 
The notification shall include a description of the vessel and the specific location where it was found or recovered.
Unless permitted in writing by the Land Use Regulation Program in the Department of Environmental Protection, no person shall place, anchor, or construct or cause to be placed, anchored or constructed, any float or diving platform more than 25 feet from shore unless the same be properly marked by warning lights, which lights shall be approved by the Land Use Regulation Program, between the hours of sunset and sunrise.