Read the Borough of Mantoloking’s proposed resolution to the Boat Regulation Commission seeking to enact special local boat operation rules.

RESOLUTION OF THE MAYOR AND COUNCIL OF THE

BOROUGH OF MANTOLOKING, OCEAN COUNTY, NEW JERSEY

PROVIDING FOR PETITION TO

N. J. BOAT REGULATION COMMISSION

SEEKING ENACTMENT OF SPECIAL LOCAL BOAT OPERATION RULES

WHEREAS, N.J.S.A. 12:7-23, et seq. and N.J.A.C. 13:82-1.1, et. seq., provide, generally, that municipalities may, by Ordinance, regulate the operation of vessels by enforcement of provisions which are identical to State law and that municipalities may apply to the New Jersey Boat Regulation Commission for the adoption of special rules and regulations with reference to the operation of vessels on any waters within their territorial limits; and

WHEREAS, the tidal waters of Barnegat Bay constitute the westerly boundary of this narrow fully developed barrier island municipality, a distance of approximately 2.25 miles; and

WHEREAS, the municipal boundary, between the Borough and Brick Township does, by varying courses, approximate a line in Barnegat Bay between the lands in the Borough and the lands in Brick; and

WHEREAS, the bay is, generally, quite narrow, especially in the vicinity of the Mantoloking Bridge and its approaches; and

WHEREAS, the inter-coastal channel in the area is largely within the boundaries of the Borough; and

WHEREAS, the boating traffic, largely motor powered, is, in the summer season, extremely congested in this area, an occasion of high hazard to all upon the waters; and

WHEREAS, the existing “no wake” zones are not of sufficient area to effectively ameliorate the hazard of speed and the nuisance of wake, and noise and are not universally observed; and

WHEREAS, in this fully developed residential community, proximate to the inter-coastal channel, the occasion of hazard (speeding boats) and noise impose unacceptable diminution of the quality of life for those ashore as well as on the water; and

WHEREAS, the establishment of a low speed, no wake zone, within the waters of Barnegat Bay within the boundaries of the Borough will enable more effective enforcement (local and State) and will promote the public health, safety and welfare; and

WHEREAS, the law provides that a municipality may seek the adoption of special rules to be enforced within the jurisdiction of a municipality; and

WHEREAS, the prudent exercise of the discretion of the New Jersey Boat Regulation Commission will enable the development and implementation of a regulatory scheme which will respond to local conditions and will not be unduly burdensome upon the motorboating population generally, especially in areas where such universal restrictions may be deemed inappropriate or unnecessary; and

WHEREAS, the Mayor and Council did, on November 18, 2002, adopt a Resolution urging the implementation of a statewide boat speed limit; and

WHEREAS, it is recognized that attainment of such a statewide goal is or may be practically problematic; and

WHEREAS, it appears that the regulatory scheme contemplates and permits the adoption of special local rules by the New Jersey Boat Regulation Commission.

IT IS NOW, THEREFORE, this 16th day of December, 2002, RESOLVED by the Mayor and Council of the Borough of Mantoloking, Ocean County, New Jersey, as follows;

1. The Borough of Mantoloking does hereby petition to New Jersey Boat Regulation Commission to exercise its discretionary authority to establish special local rules to the end that the issues or concerns set forth in this Resolution may be reasonably accommodated.

2. More particularly, that the Commission establish rules which designate all of the waters of Barnegat Bay, within the jurisdiction of the Borough of Mantoloking as low speed no wake zones for motor powered boats from May 1st to October 31st, annually.

3. The permitted speed should be not greater than 5 m.p.h. or such lower speed as may be necessary to avoid the generation of wake (waves) of an amplitude greater than 6″.

4. That the Commission adopt, and cause the enforcement of, more stringent and effective regulations concerning the generation of noise by motor powered boats.

5. The adoption of this Resolution shall not be considered as a departure from the concerns noted in the Resolution of November 18, 2002, with regard to the environmental issues noted therein.

6. The Mayor and Council now requests that this petition be included for consideration by the New Jersey Boat Regulation Commission at its meeting of January 8, 2003, and that the Borough be provided with acknowledgment of receipt of this Resolution by the Commission and its Chairman, Roger K. Brown, along with written notification of action taken.

7. A copy of this Resolution/Petition shall be forwarded to:

(a) All Members of the New Jersey Boat Regulation Commission.;

(b) Governor James E. McGreevey

(c) Ocean County Delegates to the New Jersey Legislature;

(d) Ocean County Board of Chosen Freeholders;

(e) The governing bodies of all Municipalities boarded by the waters of Barnegat Bay and any tributary waters;

(f) published on the Borough’s website.

8. All persons interested in boating and the impact upon participants and upon he residents of property abutting the waters of Barnegat Bay are urged to contact the New Jersey Boat Regulation Commission, Attention: Roger K. Brown, Chairman, to express their concerns and to attend the January 8, 2003 Meeting of the New Jersey Boat Regulation Commission, which will be held at 10:00 a.m. at State Police Headquarters, West Trenton, New Jersey,

I, Irene H. Ryan, Clerk of the Borough of Mantoloking, County of Ocean, New Jersey, do hereby certify the foregoing to be a true copy of a Resolution passed by the Borough Council of the Borough of Mantoloking, at a regular meeting held in the Borough Hall at 8:00 p.m. on Monday, December 16, 2002, at which time a quorum was present.

______________________________

Irene H. Ryan, R. M. C.