[Adopted 6-7-1989 by Ord.
No. 1036]
As used in this article, the following terms shall have the meanings
indicated:
A catamaran-type sailboat shall mean a sailboat of twin-pontoon construction
and is a vessel or watercraft capable of being used as a means of transportation
on water and propelled wholly by sails. Specifically excluded from use upon
the beaches are boats or power vessels temporarily or permanently equipped
with machinery for propulsion.
To navigate or possess or otherwise use a sailboat.
A person other than a lienholder having the property interest in,
or title to, a sailboat. The term includes a person entitled to the use or
possession of the sailboat.
A seaworthy vessel or other watercraft with a single hull capable
of being safely operated in the surf and surrounding waters which is essentially
equivalent to a "Sailfish" or "Sunfish." This definition specifically excludes
vessels with hulls of unprotected Styrofoam or similar plastic foam material.
Said vessels or crafts must be propelled only by sails and cannot either temporarily
or permanently be equipped with machinery for propulsion.
All rubber or canvas-type rafts, surfboards or otherwise are exempted
from this article by reason of their being otherwise regulated by the City
of North Wildwood.
Every owner and every operator of a permitted sailboat, as defined above,
shall be required to obtain a license from the City of North Wildwood before
bringing or permitting to be brought or using any sailboat on any beach or
in the surf of the City.
All licenses for the use and operation of sailboats shall be issued
by the Beach Supervisor of the City of North Wildwood. Licenses shall be for
a term of one year, from May 1 of the year of issuance to May 1 of the following
year. These licenses shall be automatically renewed for one additional year
if the required fee for the license is forwarded to the Beach Supervisor of
the City of North Wildwood prior to the date of expiration of the license.
The Beach Supervisor of the City of North Wildwood shall provide application
forms for all licenses, which may be obtained at the lifeguard facility located
at 15th Avenue and the beach in the City of North Wildwood. The forms shall
provide as follows:
A.
Applicants shall be at least 16 years of age.
B.
Applicants may be required to pass an appropriate test
given and supervised by such person or persons as may be designated by the
Beach Supervisor of the City of North Wildwood.
C.
The sailboats shall not be more than 18 feet in length
and a complete description setting forth make, number (if any), color of hull,
color of sails and design shall accompany the application.
D.
The licenses issued or to be issued by the City shall
not be transferable.
E.
Each owner shall submit to the Beach Supervisor, together
with the application, a paid-up insurance policy covering public liability
for injury to any person or persons in the amount of $100,000 per person per
occurrence and $300,000 per occurrence. Said policy shall name the City of
North Wildwood as an additional insured.
F.
The applicant shall sign a waiver, release and indemnification
form when making the application for a license. This form shall indemnify
and hold harmless the City of North Wildwood with respect to any damages or
liability claims or claims of any type or description arising from the licensing
or use of the sailboat for which the license is issued and shall waive any
claims against the City of North Wildwood and shall release the City of North
Wildwood from any responsibility for any damage incurred by or to the sailboat.
A catamaran-type sailboat owner's annual license fee hereunder shall
be the sum of $50 and shall be payable in advance. Single-hull sailboat annual
license fees shall be the sum of $25 and shall be payable in advance.
No more than 20 licenses shall be issued for catamaran-type sailboats
during any year, and no more than 10 licenses shall be issued during any year
for single-hulled-type sailboats. The City Council may, by resolution, alter
or amend this number either upward or downward.
A.
The Beach Supervisor shall designate the area or areas
of the beach where sailboats may be launched and operated during the license
term. Sailboats may be stored on the beach at the owner's own risk, and trailers
shall not be stored on the beach or at street ends. Halyards shall be tightly
secured on all boats when not in use. Sailboats shall not encroach upon any
dune or dune grass when being stored or when entering or exiting the beach
areas. Dolly wheels shall not be stored at the water's edge but shall be stored
only at the designated areas on the beach. Licensed sailboats shall enter
and exit the beach areas designated only at the times set forth by the Beach
Supervisor of the City of North Wildwood.
B.
Motor vehicles, with four-wheel drive, may enter and
exit the beach, at the direction of the Beach Supervisor, to trailer the sailboats,
between the hours of 8:30 a.m. to 9:30 a.m. and 4:30 p.m. and 5:30 p.m. All
vehicles and trails must be off the beach by 9:30 a.m. and 5:30 p.m. of each
day.
C.
In the interest of public safety, the Beach Supervisor
of the City of North Wildwood may suspend the use of sailboats at any time,
in his sole discretion.
A.
No person shall operate or allow any reason to operate
any sailboat as defined in this article within the City of North Wildwood
in a reckless or negligent manner so as to endanger life, limb or property
of any person or in violation of the statutes of the State of New Jersey and
the ordinances, rules and regulations of the City of North Wildwood.
B.
Upon notice to the licensee, the City Council of the
City of North Wildwood may suspend or revoke any license issued pursuant to
this article as a result of a disciplinary hearing for violation of this article.
Notice of said disciplinary proceeding shall be commenced by a written notice
served upon the licensee personally or sent by certified mail. At the disciplinary
hearing, the licensee shall have an opportunity to be heard. Any such hearing
shall be held not sooner than five days from the date of the notice nor later
than 10 days subsequent to the date of the notice.
[Amended 5-21-2002 by Ord.
No. 1411]
Any person violating any provision of this article shall, upon conviction,
be punishable by a fine not to exceed $1,250 or by imprisonment for a term
not to exceed 90 days, or both.
The Beach Supervisor of the City of North Wildwood is hereby authorized
and directed to remove or have removed any sailboat on which is not displayed
the official decal. Such vessel shall continue to be impounded until claimed.
The Beach Supervisor of the City of North Wildwood shall notify the legal
owner of the vessel, where such owner is known or can be reasonably ascertained,
in writing, by personal service, or by certified mail, return receipt requested,
at the last known address the owner, that such vessel has been removed from
the beach, the reason for such removal and the location of the vessel. Such
vessel shall be retained and impounded until the owner shall have paid the
cost of such taking and removal, which charge shall be $50, together with
a storage charge of $5 for each and every day such vessel is retained and
impounded. In the event that an owner fails to claim a vessel within 30 days
of the aforementioned notice, then the City is hereby empowered to dispose
of same at public sale and apply the proceeds thereof to the aforementioned
charges. Notwithstanding anything contained herein to the contrary, the City
of North Wildwood expressly reserves the right to institute an action in any
court of competent jurisdiction against the owner of the vessel to recover
the aforementioned charges.
Any portion of any beach chosen by the Beach Supervisor of the City
of North Wildwood for the launching of sailboats shall be used exclusively
for that purpose, and no bathers shall be permitted to swim, play or sunbathe
in the beach or surf area chosen for boat launching. All sailboats must be
launched and/or beached in the designated area, and all sailboats shall be
launched or beached one at a time.
