§ 5-23. REGULATION OF WATER SPORTS ON PUBLIC WATERWAYS.

5-23.1 Definitions. As used in this section, the following terms shall be defined as follows:

a.

Water skiing shall mean anything with a rider being towed behind a powered vessel by means of a tow rope or line, except another vessel.

b.

Jet skiing shall mean any self-propelled engine with the capability to transport a single individual across water at a high rate of speed.

c.

Public waterways shall mean any body of water, including but not limited to, lakes, ponds, streams, rivers or brooks which shall be wholly located within the boundaries of, or adjoin the Borough of Sayreville.

(Ord. #148-90, § 1)

5-23.2 Restrictions. The following activities shall be restricted or prohibited in the public waterways of the Borough of Sayreville as follows:

a.

Water Skiing. All operators of power vessels, towing ski or aqua plane riders must:

1.

Keep at least one hundred (100′) feet from shore, or, piers, bridge structures, abutments or other vessels or persons in the water.

2.

Have a competent observer on board. Wide angle mirrors are not acceptable.

3.

Have a tow line not exceeding seventy-five (75′) feet in length, or less than fifty (50′) feet.

4.

No water skiing shall be allowed after sunset, nor before sunrise, nor during times of restricted visibility.

5.

All skiers shall wear a United States Coast Guard approved Type I, II, III or Type V hybrid personal flotation device.

b.

Jet Skiing. All operators of jet skis must:

1.

Not operate said apparatus in such a manner so as to become airborne or completely leave the water while crossing the wake of another vessel within one hundred (100′) feet of the vessel creating the wake.

2.

At all time proceed at a safe speed so that it can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

3.

Not tow any water skier, raft or other motorized vehicle.

4.

Keep at least one hundred (100′) feet from any bridge, structure or other vessels or swimmers.

5.

No jet skiing allowed after sunset or before sunrise or during times of restricted visibility.

6.

All skiers shall wear a United States Coast Guard approved Type I, II, III or Type IV hybrid personal flotation device.

c.

Operation of Any Water Craft. No person shall operate or permit another to operate:

1.

Any craft while under the influence of an intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug or with a blood alcohol concentration of .10 percent or more by weight of alcohol.

2.

Any water craft at a speed so that it cannot take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

3.

Any water craft transporting or containing on board any narcotic, hallucinogenic or habit-producing drug.

d.

Swimming. No individual shall be allowed to swim in the public waterways unless said waterways have been approved by the Federal, State or local authorities and then only during posted times.

(Ord. #148-90, § 2)

5-23.3 Jurisdiction. The provisions of this section may be enforced by the State, County or local authorities within the jurisdiction of said violators being heard in the Municipal Court of the Borough or Township where said violations occurred.

(Ord. #148-90, § 3)

5-23.4 Validity. If any subsection or paragraph of this section is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a Court of competent jurisdiction, such subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect and no such determination shall be deemed to invalidate the remaining subsections or paragraphs of this section.

(Ord. #148-90, § 4)

5-23.5 Penalty. The penalty for violation of any portion of this section shall be as set forth in the New Jersey Statutes, or, if not provided, shall not exceed five hundred ($500.00) dollars.

(Ord. #148-90, § 5)