[Adopted 6-19-2001 by Ord. No. 2001-6]
As used in this article, the following terms shall have the meanings indicated:
COMMISSION
The Boat Regulation Commission established pursuant to Section 14 of P.L. 1962, c. 73 (N.J.S.A. 12:7-34.49).
DEPARTMENT
The Department of Law and Public Safety.
DIRECTOR
The Director of the Division of Motor Vehicles in the Department of Transportation.
DIVISION
The Division of Motor Vehicles in the Department of Transportation.
DOCUMENTED VESSEL
A vessel which has a valid Marine Document issued by the United States Coast Guard or any Federal agency successor thereto.
LENGTH
Measurement from end to end over the deck parallel to the center line, excluding sheer, bowsprits, bumpkins, rudders, outboard motors, brackets or other equipment or appendages.
MOTOR
A temporarily or permanently installed fuel-consuming mechanism by which the vessel is or may be propelled, including an electrical motor;
OPERATE
To navigate, use, control or command a vessel.
OPERATOR
Every person having charge, control, operation or direction of any vessel and the owner of the vessel if the owner is on the vessel at the time it is operated in violation of the law.
OWNER
A person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of the vessel subject to an interest of another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;
PERSONAL WATERCRAFT
A power vessel defined as a Class A vessel by the United States Coast Guard and which:
A. 
Is designed to be operated from a sitting, standing or kneeling position;
B. 
Is equipped with an internal combustion engine which powers a waterjet pump; and
C. 
Cannot be operated in a manner so as to disengage the pump so as to prevent the vessel from making headway.
POWER VESSEL
A vessel temporarily or permanently equipped with machinery for propulsion, including a personal watercraft, and shall not include a vessel propelled wholly by sails or by muscular power.
SAILBOAT
Any boat whose sole source of propulsion is the wind.
VESSEL
A boat or watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
WATERS OF THIS STATE
All waters within the jurisdiction of this state, both tidal and nontidal, and the marginal sea adjacent to this state to a distance of three nautical miles from the shoreline.
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, wharfs, 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 of motors, of less than 10 horsepower.
(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 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 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 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 prerental 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.
(4) 
The Superintendent of State Police shall establish appropriate guidelines to implement the provisions of this subsection.
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 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. 12-7:76), Section 3 or 4 of P.L. 1952, c. 157 (N.J.S.A. 12:7-46 or 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 provisions 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. 
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 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. 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. 
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 33 CFR Part 175, 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.
No person shall anchor or cause to be anchored to 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 crafts 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.
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.
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 State Police within 24 hours.
B. 
The notification shall include a description of the vessel and the specific location where it was found or recovered.
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 on any nontidal waters where power vessels are permitted without the written approval of the State Police. Permitted floats or platforms that remain in the water between sunset and sunrise shall be marked by warning lights as required by the United States Coast Guard Navigation Rules International_Inland Annex V Rule 88.13. A copy of the rule may be obtained from the State Police.
A person shall not operate a personal watercraft:
A. 
On the waters of this state between sunset and sunrise or during any time of restricted visibility as determined by an agent or officer of the Marine Law Enforcement Bureau, Division of State Police.
B. 
Within the confines of the Point Pleasant Canal in the County of Ocean, or the Cape May Canal in the County of Cape May.
C. 
Above idle speed within 50 feet of:
(1) 
A bathing beach that has its boundaries marked by buoys or signs;
(2) 
The shoreline; or
(3) 
Any person in the water; or
D. 
In such a manner as to make the vessel completely leave the water or otherwise become airborne, while crossing within 100 feet of the wake of another vessel.
A person operating a personal watercraft shall at all times:
A. 
Wear the safety switch lanyard while the personal watercraft is underway, provided that the personal watercraft is equipped with such a lanyard cutoff device; and
B. 
Proceed at a safe speed that shall allow the person operating the personal watercraft to take proper and effective action to avoid collision and to stop the personal watercraft within a safe distance, as may be appropriate under prevailing circumstances and conditions.
The operator of a personal watercraft designed to accommodate three or more persons shall be permitted to tow a water skier, provided that the personal watercraft has the capacity to allow one of the persons to face the stern of the personal watercraft for the purpose of tending to a ski rider, and that the person tending to the ski rider shall be present during the towing of the ski rider.
A. 
"Waterskiing" means anything with a rider being towed by a power vessel by means of a towrope, towline or training boom, except another vessel being towed.
B. 
All power vessels conducting waterskiing operations shall, while underway, keep at least 200 feet distant from any wharf, marine, dock, pier, bridge structure, abutment or persons in the water, and 100 feet from other vessels, any shore, approved aid to navigation or mooring, except specifically provided otherwise in these regulations.
C. 
All power vessels conducting waterskiing operations shall have a crew of at least two persons, one of whom shall be a competent observer, and shall have adequate space on the vessel for the waterskiing participant.
D. 
Towlines shall be not less than 25 feet nor more than 75 feet in length, except as specifically provided otherwise in these regulations.
E. 
Waterskiing is permitted only between sunrise and sunset, except as specifically provided otherwise in these regulations.
F. 
Waterskiers shall wear a United States Coast Guard approved Type I, II, III or Type V Hybrid personal flotation device, except that a barefoot wetsuit may be worn during sanctioned competitions or shows and while training for such events, as long as there is a United States Coast Guard approved wearable personal flotation device on board the vessel for each skier.
G. 
All ski boats shall display a signal pennant, which shall be orange in color and triangular in shape and not less than 12 inches on any dimension.
(1) 
Said pennant shall be displayed at least four feet above the highest structure on the boat during each of the following activities:
(a) 
While pulling or retrieving a skier.
(b) 
While a skier is in the water.
(c) 
While a towline is in the water.
(2) 
A person shall not display the pennant at any time other than while conducting any of the activities described in this subsection.
H. 
The Commission shall, upon application, waive any one or more of the above requirements for events of public entertainment on any wholly owned private lake, provided that it finds the event to be consistent with the interests of boating safety.
Any person who shall violate any provision of this article, where the penalty therefor is not specifically prescribed, shall be subject, upon conviction, to a fine of $25 for a first offense, $50 for a second offense and $100 for a third and each subsequent offense of the same violation.