SENATE, No. 209
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator CONNORS
An Act concerning the operation of personal watercraft and amending P.L.1962, c.73 and P.L.1993, c.299 and repealing section 6 of P.L.1993, c.299.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 18 of P.L.1962, c.73 (C.12:7-34.53) is amended to read as follows:
18. Nothing in [this act] P.L.1962, c.73 (C.12:7-34.36 et seq.) or P.L.1993, c.299 (C.12:7-62 et seq.) shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of [this act] P.L.1962, c.73 (C.12:7-34.36 et seq.) or the provisions of P.L.1993, c.299 (C.12:7-62 et seq.), amendments thereto or regulations issued thereunder: Provided, that such ordinance or local laws shall be operative only so long as and to the extent that they continue, except as provided in subsection © of this section, to be identical to provisions of [this act] P.L.1962, c.73 (C.12:7-34.36 et seq.) or the provisions of P.L.1993, c.299 (C.12:7-62 et seq.), amendments thereto or regulations issued thereunder.
(a) Any municipality or other subdivision of this State may, at any time, but only after public notice, make formal application to the department for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits which are not provided for in subsection © of this section and shall set forth herein the reasons which make such special rules and regulations necessary or appropriate.
(b) The commission is hereby authorized to make, adopt and promulgate special rules and regulations, subject to the approval of the commissioner, with reference to the operation of vessels on any waters within the territorial limits of any municipality or other subdivision of this State.
(c) Notwithstanding the provisions of P.L.1962, c.73 (C.12:7-34.36 et seq.) or any other law, rule or regulation to the contrary, the governing body of a municipality or any other subdivision of the State may adopt a resolution or ordinance restricting the operation of personal watercraft, as defined in section 1 of P.L.1993, c.299 (C.12:7-62), as geographical conditions dictate and the municipality or other subdivision may determine.
Any such ordinance or resolution may prohibit or restrict the operation of personal watercraft above idle speed within 100 feet of:
(1) residential dwelling units;
(2) beaches with swimming areas that have boundaries marked by buoys or signs;
(3) the shoreline;
(4) persons in the water;
(5) fishing piers; or
(6) other vessels.
Any such ordinance or resolution may also prohibit or restrict the operation of personal watercraft during certain hours of the day, prohibit the towing of a waterskier or the towing of a person riding any type of device or prohibit or restrict the rental of personal watercraft within the territorial limits of that municipality or other subdivision.
Any such ordinance or resolution may set forth regulations that hold personal watercraft to a higher standard of safety than is required by P.L.1993, c.299 (C.12:7-62 et seq.).
Notwithstanding the aforesaid provisions of this subsection, the governing body of a municipality which borders on the Delaware River may, by ordinance or resolution, prohibit entirely or restrict in any manner the operation of personal watercraft on the waters of the river which are within the territorial limits of the municipality as well as on the waters of the river adjacent to the municipality which are otherwise under the jurisdiction of the State of New Jersey.
(cf: P.L.1962, c.73, s.18)
2. Section 8 of P.L.1993, c.299 (C.12:7-69) is amended to read as follows:
8. A person who violates any provision of [this act] P.L.1962, c.73 (C.12:7-34.36 et seq.) or P.L.1993, c.299 (C.12:7-62 et seq.) shall be subject to the fines and penalties enumerated pursuant to section 16 of P.L.1962, c.73 (C.12:7-34.51). The Bureau of Marine Law Enforcement in the Division of State Police of the Department of Law and Public Safety, and any member of a county or municipal police department are authorized to enforce the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) in a proceeding
before a court of competent jurisdiction.
(cf: P.L.1993, c.299, s.8)
3. Section 6 of P.L.1993, c.299 (C.12:7-67) is hereby repealed.
4. This act shall take effect immediately.
STATEMENT
This bill permits the governing body of a municipality to restrict the operation of personal watercraft which are commonly referred to as jet skis. Section 1 of the bill amends section 18 of P.L.1962, c.73 (C.12:7-34.53) to permit the governing body of a municipality or any other subdivision of the State to adopt a resolution or ordinance restricting the operation of personal watercraft, as geographical conditions dictate and the municipality or other subdivision may determine.
This bill also authorizes the governing body of a municipality which borders on the Delaware River to prohibit entirely or restrict in any manner the operation of personal watercraft on the waters of the river which are within the territorial limits of the municipality as well as on the waters of the river adjacent to the municipality which are otherwise under the jurisdiction of the State of New Jersey.
The bill allows such an ordinance or resolution to prohibit or restrict the operation of personal watercraft within 100 feet of residential dwelling units, beaches, the shoreline, persons in the water, fishing piers or other vessels. The bill also allows a municipality or other political subdivision to prohibit or restrict the operation of personal watercraft during certain hours of the day, prohibit the towing of a waterskier by personal watercraft and restrict the rental of personal watercraft within the territorial limits of that municipality or other subdivision.
The bill authorizes the Bureau of Marine Law Enforcement and any member of a county or municipal police department to enforce the provisions of the bill.
The bill repeals section 6 of P.L.1993, c.299 (C.12:7-67) which provided that county or municipal regulations which are inconsistent with the provisions of P.L.1993, c.299 (C.12:7-62 et seq.) would be null and void.
Permits municipalities to restrict operation of personal watercraft under certain circumstances.