[HISTORY: Adopted by the Township Committee of the Township of Wall
11-8-1978 as Sec. 3-10 of the Revised General Ordinances. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes the class of small, motorized, non-propeller-driven, personal
watercraft, including but not limited to those registered trade names as Jet
Ski, Skidoo and Waverunner.
Includes any ship, vessel, boat, motor boat, said boat or vehicle
used on water, including seaplanes when not airborne, and any
contrivance, vehicle, object, vessel, or matter that can be used both in water
or on land, or in water and in air, or any combination of these uses.
All that area of the Shark River and Manasquan River within the boundary
lines of the Township.
No person shall operate any watercraft, unless properly licensed, as
required by applicable state regulations on the waterways of the Township.
No person shall operate any watercraft in the aforesaid waterway:
A.
Which is not equipped as required by the regulations
of the United States Coast Guard.
B.
In a reckless manner, or at any excessive rate of speed,
so as to endanger the life or property of any person, having due regard for
the presence of other boats, or persons, or other objects in or on said waterway.
C.
At a rate of speed which causes or is likely to cause
damage to docks, wharves, seawalls, or watercraft moored to docks or wharves,
along said waterways.
D.
At a speed in excess of six miles an hour in the Federal
Channel of the waterway. The limitations on speed, prescribed by this section,
shall not apply to seaplanes in the process of landing or taking off in proper
prescribed areas. Further, the provisions of this section shall not be construed
to prohibit the running of racing or exhibition watercraft, muffled or unmuffled,
during a publicly announced and properly supervised and adequately patrolled
regatta or speed trial or exhibition.
E.
While under the influence of intoxicating liquor, narcotics,
drugs or opiates.
F.
With an outboard, or inboard motor, unless the same is
equipped with an adequately muffled exhaust.
G.
Use any bell, siren, or other noise producing or noise
amplifying instrument in such a manner that the peace, quiet and good order
of the neighborhood is disturbed; provided, however, that nothing herein shall
be construed to prohibit the use of whistles, bells or horns as signals as
required by any federal or state law for the safe navigation of watercraft.
H.
In such a manner as to unjustifiably or unnecessarily
annoy or frighten or endanger the occupants of any other watercraft, or throw
up a dangerous wake.
I.
Shall use searchlights indiscriminately or in such a
manner, as to annoy or disturb other persons on land or water, or any other
watercraft.
Every boat in the waterway which is abandoned, or which becomes a menace
to navigation or unseaworthy, or sinks, grounds or becomes otherwise disabled,
is hereby declared to be a nuisance and the person in charge thereof shall
abate such nuisance within 48 hours after notice thereof from the Township
Police Department.
No watercraft shall be moored in any channel, except at the edge thereof,
and in no case closer than 50 feet to channel markers, and in no way as to
interfere with the full use of the channel by others, nor shall any watercraft
be moored to any private or public seawall, dock or beach without permission
of the owner or lessee thereof.
The Township Police Department shall have authority to board any watercraft moored in violation of this chapter, or abandoned, or otherwise disabled as stated in § 72-4, and move it, or cause it to be moved, to another location, and to hold such watercraft for payment of costs incurred in its removal and/or storage.
Persons in charge of, or occupying, or being guests or passengers on
boats docked at or moored to land, docks, piers, wharves or areas abutting
the waterway, or sailing or operating in any waters of the Shark or Manasquan
Rivers, shall observe all health and sanitary regulations, and all ordinances
relating to the conduct of persons and prohibiting acts contrary to public
health, morals, safety or public peace. All heads, toilets, toilet and washing
facilities shall be locked, closed and not used on any boat while within the
confines of the Township, whether docked or moored or traveling or standing
still on the waterway or any portion of the Shark or Manasquan Rivers within
the boundary lines of the Township. No feces, excrement, odor, fecal matter,
effluent material, manure, urine, or any impure, nasty, foul, squalid, dirty,
polluted, filthy, unclean, soiled, tarnished, stained, sullied, rank, fetid,
or putrid material or liquid shall be discharged or released or placed in
the waterway, or on any land, docks, piers, wharves or areas abutting the
waterway, or in any portion of Shark or Manasquan Rivers located within the
boundary lines of the Township.
No person shall run or operate any watercraft engine for the purpose
of charging batteries, running auxiliary equipment or testing between the
hours of 12:01 a.m. and 6:30 a.m. prevailing time, in any day.
All persons in charge of, or occupying any watercraft, at all times,
keep docks, piers, seawalls and premises adjacent to such watercraft in a
neat and orderly manner and free from all trash, rubbish, repair parts, machinery,
equipment and debris of all kinds.
No person in charge of or occupying any watercraft shall dump or throw
garbage, paper, bottles, cans, refuse, trash or debris into the waterways.
Persons in charge of the watercraft moored or docked in the waterway, or along
the same, or persons from whom they rent piers, docks, slips or wharves, shall
provide garbage cans of sufficient size to hold garbage, trash and refuse
to be collected daily in the summer time and twice weekly at other times of
the year.
No person shall swim or skin-dive in any area of the waterway, or from
any of its adjoining docks, piers, or walls, except where specifically designated
for such use by the Township Committee.
Boat trailers, and vehicles attached to the same, shall be parked only
in specific areas designated for the same by the Township Committee.
A.
It shall be unlawful for any person to launch, bring,
beach or place, whether temporarily or permanently, any watercraft or motorized
personal watercraft on or from the Manasquan Park boat ramp, located on property
known as Lot 9 in Block 85, as shown on the Tax Map of the Township of Wall,
without first receiving a permit from the Township of Wall Department of Operations.
There shall be no fee for the issuance of a permit.
B.
All registered owners of watercraft and motorized personal
watercraft shall be required to obtain a permit from the Township of Wall
Department of Operations. No such permit shall be issued unless:
(1)
The registered owner is a Wall Township resident.
(2)
The registered owner submits a written application to
the Department of Operations setting forth the name, address and telephone
number of the registered owner of the watercraft and the type and registration
number of the boat. All applications must be signed by the registered owner.
(3)
The registered owner of the watercraft executes an indemnity
agreement, on a form to be provided by the Township, indemnifying and holding
the Township harmless with respect to any damage to or loss of watercraft
and with respect to any and all claims and suits for property damage and/or
bodily injuries arising out of the ownership, use, maintenance or operation
of the watercraft.
(4)
The registered owner submits a homeowner's policy, certificate
of insurance or some other acceptable proof that the registered owner and,
in the case of motorized personal watercraft, the Township are insured against
liability for property damage and bodily injuries arising out of the ownership,
use, maintenance, and operation of the watercraft in an amount not less than
a combined single limit of $300,000.
C.
All permits shall be issued on a first-come, first-serve
basis. The director of operations shall have the right to limit the number
of permits that are issued for each class of watercraft. No more than one
permit shall be issued to any one person for each class of watercraft.
