[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 8-9-1971 as Ch. 54 of
the 1971 Code; amended in its entirety 11-13-1989 by Ord. No. 89-28.
Subsequent amendments noted where applicable.]
It is hereby declared the public purpose of
the public docks owned by the Borough of Beach Haven at various locations
therein that the same shall be maintained for the use and benefit
of all of the citizens, taxpayers, residents and visitors to the Borough
of Beach Haven with the particular emphasis on their being kept opened
and unobstructed so that the citizens, taxpayers, residents and visitors
to the Borough of Beach Haven may have an unobstructed view of the
waters of Little Egg Harbor Bay and the sunsets to the west thereof.
Uses not incompatible with the foregoing, such as fishing, crabbing
and merely sitting to enjoy the view, are specifically permitted.
Except as herein below set forth in § 81-3, it shall be unlawful for any person to use any public dock in the Borough of Beach Haven for the mooring or docking of any vessel, for the taking on or discharging of persons, passengers, freight or cargo from or to any such public dock or any other use or purpose of any sort, kind or description of any boat or vessel in connection or in conjunction with any public dock located in the Borough of Beach Haven.
A.Â
Anything hereinabove in this chapter to the contrary
notwithstanding, the Council of the Borough of Beach Haven may, upon
application duly made and fee duly paid, issue a special exception
license for the use of any public dock in the Borough of Beach Haven
as a temporary place of mooring for a boat or vessel when said Council
is satisfied that the interest of the public will best be served by
the issuance of such a special exception license, and further provided
that such special exception license shall be effective for a period
not to exceed 30 days. Such special exception licenses may be renewed
for not more than one thirty-day period in each calendar year.
[Amended 9-13-2010 by Ord. No. 2010-20]
B.Â
A twenty-four-hour transit mooring license may be
issued by the Police Department of the Borough of Beach Haven to the
owner or operator of any vessel in transit whose home port is north
of Barnegat Inlet or south of Absecon Inlet. The license shall be
issued upon payment of a license fee of $10 and no more than two such
licenses shall be issued for the same such vessel in any one calendar
year, nor shall those two licenses be issued with less than 12 days
intervening between the two issuance dates. A vessel in transit whose
owner or operator is applying for a twenty-four-hour transit license,
as herein authorized, may moor for a period not exceeding one hour
while the transit license is being secured from the Beach Haven Police
Department.
[Amended 9-13-2010 by Ord. No. 2010-20]
Application may be made by any person to the Council of the Borough of Beach Haven for a special exception license as hereinabove provided for in § 81-3 in the following manner:
A.Â
The applicant shall make application on a form provided
for the purpose, which form may be requested from the Borough Clerk
of the Borough of Beach Haven during normal business hours.
B.Â
The applicant shall submit a nonrefundable application
fee in the amount of $5, payable to the Borough of Beach Haven, together
with a certificate showing a minimum public liability and property
damage insurance policy of $2,000,000 which shall specifically insure
the applicant and the Borough of Beach Haven as their interests may
appear.
C.Â
The applicant shall execute an agreement indemnifying
and holding the Borough of Beach Haven harmless of any and all claims
arising from the applicant's use of the public dock facilities if
a special exception license is granted.
D.Â
The applicant shall, in the application, provide and
set forth, fully and in detail, the exact purpose for which the special
exception is sought and the dates for which it is sought and shall
indicate in detail why the interests of the public shall be served
by granting the special exception license.
[Amended 9-13-2010 by Ord. No. 2010-20]
After an application has been received and certified
by the Borough Clerk of the Borough of Beach Haven as being full and
complete, it shall be submitted to the Council of the Borough of Beach
Haven who shall, at a regular meeting of the Council, not less than
30 nor more than 60 days after the application has been certified
by the Borough Clerk to be complete, pass a resolution either granting
or denying the special exception license.
[Amended 9-13-2010 by Ord. No. 2010-20]
Any special exception license issued pursuant
to the resolution adopted by the Council of the Borough of Beach Haven
shall be displayed prominently, at all times that any boat or vessel
shall be moored or tied at any public dock in the Borough of Beach
Haven, in such a manner as to make the license visible to any person
wishing to view the same while standing on the public dock.
