[Adopted 7-14-1975 by Ord. No. 7519]
It is the decision of the Board of Commissioners
of the City of Ventnor City that the use and operation of sailboats
on the beaches of Ventnor City should be limited and controlled in
order to protect the safety, health and well-being of all citizens
using said beaches.
As used in this article, the following terms
shall have the meanings indicated:
HURRICANE
A tropical cyclone in the Atlantic, Caribbean Sea, Gulf of
Mexico or eastern Pacific, in which the maximum one-minute sustained
surface wind is 64 knots (74 mph) or greater.
[Added 10-16-2014 by Ord. No. 2014-23]
MAJOR FLOODING
8.0 feet or greater, extensive inundation of structures and
roads, and includes significant evacuations of people and/or transfer
of property to higher elevations.
[Added 10-16-2014 by Ord. No. 2014-23]
NOR'EASTER
A strong low-pressure system that affects the Mid Atlantic
and New England states. It can form over land or over the coastal
waters. These winter weather events are notorious for producing heavy
snow, rain and tremendous waves that crash onto Atlantic beaches,
often causing beach erosion and structural damage. Wind gusts associated
with these storms can exceed hurricane force in intensity. A nor'easter
gets its name from the continuously strong northeasterly winds blowing
in from the ocean ahead of the storm and over the coastal areas.
[Added 10-16-2014 by Ord. No. 2014-23]
OPERATE
To navigate or otherwise use a sailboat.
OWNER
A person other than a lien holder having the property interest
in or title to a sailboat. The term includes a person entitled to
the use or possession of the sailboat.
SAILBOAT
A vessel or water craft capable of being used as a means
of transportation on water and propelled wholly by sails.
TROPICAL STORM
A tropical cyclone in which the maximum one-minute sustained
surface wind ranges from 34 to 63 knots (39 to 73 mph) inclusive.
[Added 10-16-2014 by Ord. No. 2014-23]
All rubber or canvas-type rafts or surfboards
are exempted from this article insomuch as they are otherwise regulated.
Specifically excluded from use upon the beaches
are boats or power vessels temporarily or permanently equipped with
machinery for propulsion.
Every owner of every sailboat, as defined above,
shall be required to obtain a license from the City of Ventnor City
before bringing or being permitted to bring or using any sailboat
on any beach in the City of Ventnor City.
[Amended 3-28-1977 by Ord. No. 7703; 5-11-1981 by Ord. No.
8118]
All licenses for the use and operation of sailboats
shall be issued by the City Clerk of the City of Ventnor City. No
more than 20 licenses shall be issued during any year, except that
this number may be changed by amendment to this article by the Board
of Commissioners. Licenses shall be for a term of one year, running
from May 1 to April 30.
The Clerk of the City of Ventnor City shall
provide application forms for all licenses. Said forms shall provide
as follows:
A. Applicants shall be at least 16 years of age.
B. First preference in the issuance of licenses shall
be given to Ventnor residents. Upon distribution to all Ventnor residents,
then nonresidents shall be considered in the order of their application.
[Added 6-4-1979 by Ord. No. 7904]
C. New
applicants must pass an appropriate swimming test and an appropriate
sailing test given and supervised by such person or persons as may
be designated by the Chief of the Ventnor City Beach Patrol. New applicants
must complete both tests during the period of June through September
within 12 consecutive calendar months from the date of the initial
notification of eligibility by the City Clerk.
[Amended 10-16-2014 by Ord. No. 2014-23]
D. The sailboat shall not be more than 18 feet in length,
and a complete description setting forth the make, number (if any),
color of hull, color of sails and design shall accompany the application.
E. The licenses to be issued by the City shall not be
transferable.
F. Each owner shall submit to the Clerk, together with
the application, a paid-up insurance policy covering liability for
injury to any person, persons and property in the minimum amount of
$50,000 per occurrence, $100,000 aggregate.
[Amended 6-20-2013 by Ord. No. 2013-14]
G. The
license decal issued by the City of Ventnor City shall be permanently
attached to the outward side of the starboard bow of the sailboat.
[Amended 10-16-2014 by Ord. No. 2014-23]
H. New applicants, after meeting the requirements of §§
81-7F and
81-8, may store and operate a sailboat on the Ventnor City beach at a designated location for training and testing during the months of June through September.
[Added 10-16-2014 by Ord. No. 2014-23]
[Amended 6-4-1979 by Ord. No. 7904; 3-20-2014 by Ord. No.
2014-05; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
The sailboat owner's one-year license fee hereunder shall be the sum in the amount set forth in Chapter
114, Fee Schedule, and shall be payable in advance each year.
[Amended 10-16-2014 by Ord. No. 2014-23]
A. The
Chief of the Ventnor City Beach Patrol or his/her designee will designate
on which beaches sailboats may be stored, launched and operated. Dolly
wheels shall be permitted at the water's edge or center of the beach
only when the sailboat is in use, which shall be defined as any time
that an owner of a sailboat is rigging, sailing or moving the sailboat
to and from the water. When the sailboat is not in use, the dolly
wheels shall be stored with the boat.
B. The
Chief of the Ventnor City Beach Patrol or his/her designee is further
granted the authority to designate when said sailboats may be operated
and to enjoin said operation when he determines that weather conditions
make such operation inherently dangerous. In addition, the Chief of
the Ventnor Beach Patrol or his designee may require all sailboats
and related equipment to be removed from the Ventnor beach due to
impending severe weather or beach restoration activities.
[Added 6-20-2013 by Ord. No. 2013-14; amended 10-16-2014 by Ord. No. 2014-23]
In addition to the requirement that all boats and all associated equipment and storage lockers must be removed pursuant to §
81-9A and
B, permit holders shall be required to remove their sailboats and all associated equipment and storage lockers from the beach and to a safe storage location in the event the National Weather Service declares, for Coastal Atlantic County, a warning for any of the following weather events: tropical storm, hurricane, nor'easter, or any other serious weather events during which there is warning for major tidal flood and/or sustained winds of 55 miles per hour or more.
[Added 10-16-2014 by Ord. No. 2014-23]
A. Boats shall not be stored upon or in any way damage, destroy or interfere
with any sand dune.
B. Trailers shall not be stored on beaches or at street ends.
C. All boats are to be anchored and maintained in such manner as to
not cause noise.
D. No sailboat shall be permitted on the beach between the hours of
5:00 p.m. and 8:00 a.m. between December 1 and April 30 of any year.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Violation of any provision of this article shall, upon conviction, make the party guilty thereof subject to the provisions of Chapter
1, Article
II, General Penalty.