SENATE COMMUNITY AFFAIRS COMMITTEE

 

STATEMENT TO

 

SENATE, No. 209

 

STATE OF NEW JERSEY

 

DATED: JANUARY 18, 1996

 

      The Senate Community Affairs Committee reports favorably Senate, No. 209.

      This bill would permit the governing body of a municipality or other subdivision of the State to restrict the operation of personal watercrafts, which are commonly referred to as jet skis, as geographical conditions dictate and as the municipality or other subdivision may determine.

      Specifically, the bill would allow a municipality or other subdivision of the State to prohibit or restrict the operation of personal watercrafts within 100 feet of residential dwelling units, certain beaches, the shoreline, people in the water, and fishing piers or other vessels. The bill would also allow a municipality or other 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 explicitly provides that local regulations may hold the operator of a personal watercraft to a higher standard of safety than is required by State law.

      The bill would also authorize 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 provides that the Bureau of Marine Law Enforcement as well as any officer of a county or municipal police department may enforce the provisions of the bill.

      Under current law, counties and municipalities are precluded from adopting or enforcing any ordinance or resolution relating to the operation of personal watercrafts which is inconsistent with the State standards.

      The bill would repeal 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.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.