[First Reprint]
SENATE, No. 209
STATE OF NEW JERSEY
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. 1[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.)] No provision of chapter 7 of Title 12 of the Revised Statutes1 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 1[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.)] chapter 7 of Title 121, 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 (c) of this section, to be identical to provisions of [this act] 1[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.)] chapter 7 of Title 121, 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 1[department] commission1 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 (c) 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 1[commissioner] Attorney General1, with reference to the operation of vessels on 1[any] the1 waters 1of this State1 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 watercrafts, 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 1[prohibit or]1 restrict the operation of a 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 1[prohibit or]1 restrict the 1[operation of a personal watercraft during certain hours of the day, prohibit the]1 towing of a waterskier or the towing of a person riding any type of device 1[or prohibit or restrict the rental of a personal watercraft within the territorial limits of that municipality or other subdivision] by a personal watercraft operator1.
Any such ordinance or resolution may set forth regulations that hold the operator of a 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, 1[prohibit entirely or]1 restrict 1[in any manner]1 the operation of a 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.
1(d) Nothing in this section shall be construed as authorizing the governing body of a municipality or any other subdivision of the State to prohibit a personal watercraft which has been numbered in accordance with the provisions of chapter 7 of Title 12 of the Revised Statutes from operating on the waters of the State of New Jersey.1
(cf: P.L.1995, c.401, s.35)
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] 1[P.L.1962, c.73 (C.12:7-34.36 et seq.) or]1 P.L.1993, c.299 (C.12:7-62 et seq.) shall be subject to the fines and penalties enumerated pursuant to section 1[16 of P.L.1962, c.73 (C.12:7-34.51)] 8 of P.L.1952, c.157 (C.12:7-51)1. The Bureau of Marine Law Enforcement in the Division of State Police of the Department of Law and Public Safety, and any officer 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.
Permits municipalities to restrict operation of personal watercraft under certain circumstances.