[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 trailers 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 person 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; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person violating any provision of this article
shall, upon conviction, be punishable by a fine not to exceed $2,000,
imprisonment for not more than 90 days, or community service for not
more than 90 days, or any combination thereof.
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.
