reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 80A - BODY ARMOR REPLACEMENT FUND PROGRAM › Subchapter 4 - GRANTEE ACCOUNTABILITY › Section 13:80A-4.1 - Expenditure of funds; return of unexpended funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each agency that receives a grant shall make every reasonable effort to expend the award within one year of receipt.
(b) The Division of Criminal Justice may require the return of all funds not expended within one year of receipt, unless the grantee demonstrates that good cause exists to retain the funds.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 80A - BODY ARMOR REPLACEMENT FUND PROGRAM › Subchapter 4 - GRANTEE ACCOUNTABILITY › Section 13:80A-4.2 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
Applicants shall maintain a bookkeeping system, records, invoices and separate grant files to account for all grant monies received and expended and they shall be made available to the Division of Criminal Justice upon request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:81-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes procedures to be used in the submission, identification, analysis and storage of DNA samples and typing results of DNA samples submitted under the "DNA Database and Databank Act of 1994," 53:1-20.1 7 et seq. (hereinafter, "the DNA Act"). This chapter also establishes rules governing the methods of obtaining DNA Act information from the State database and CODIS and procedures for verification of the identity and authority of the requester. These rules shall be read and interpreted consistent with the provisions of the DNA Act. If a topic is not addressed in these rules, reference shall be made to the DNA Act.
(b) It is the goal of the DNA Act to assist Federal, State and local criminal justice and law enforcement agencies in the identification, detection or exclusion of individuals who are the subjects of criminal investigations or prosecution. Identification, detection and exclusion may be facilitated by the DNA analysis of biological evidence left by the perpetrator of a crime and recovered from the crime scene.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:81-1.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
These rules apply to the DNA samples taken from offenders for offenses covered in 53:1-20.2 0.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13:81-1.4 - Offenders' obligation to submit DNA samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The obligation to submit a DNA sample shall be imposed upon:
1. Every person convicted on or after January 1, 1995, of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, and criminal sexual contact or an attempt to commit any of these crimes and those who were convicted and incarcerated as a result of a conviction of these offenses prior to January 1, 1995 if, on that date, the person was incarcerated or on parole;
2. Every person arrested on or after February 1, 2013, for one of the offenses set forth in (a)1 above;
3. Every person convicted, adjudicated delinquent, or found not guilty by reason of insanity on or after January 1, 2000, of murder, manslaughter, aggravated assault pursuant to paragraph (1) or (6) of subsection b of 2C:12-1, kidnapping, luring or enticing a child, engaging in sexual conduct which would impair or debauch the morals of a child, or an attempt to commit any of these crimes and those who were convicted and incarcerated as a result of a conviction of these offenses prior to January 1, 2000, if on that date the person was incarcerated or on parole; and
4. Every juvenile arrested on or after February 1, 2013, for acts, which if committed by an adult, would constitute one of the offenses set forth in (a)1 above;
5. Every person convicted, adjudicated delinquent, or found not guilty by reason of insanity on or after January 1, 2000, of murder, manslaughter, aggravated assault pursuant to paragraph (1) or (6) of subsection b of 2C:12-1, kidnapping, luring or enticing a child, engaging in sexual conduct which would impair or debauch the morals of a child, or an attempt to commit any of these crimes, and those who were convicted and incarcerated as a result of a conviction of these offenses prior to January 1, 2000, if on that date the person was incarcerated or on parole;
6. Every person arrested on or after February 1, 2013, for one of the offenses set forth in (a)5 above;
7. Every juvenile arrested on or after February 1, 2013, for acts, which if committed by an adult, would constitute one of the offenses set forth in (a)5 above; and
8. Persons who are convicted on or after September 22, 2003 of crimes, or in the case of juveniles adjudicated delinquent for acts, which if committed by adults would constitute crimes, or found not guilty by reason of insanity of crimes and such persons whose judgments preceded September 22, 2003, if, on that date, they were serving a sentence of imprisonment, probation, parole, or other form of supervision.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 2 - COLLECTING DNA › Section 13:81-2.2 - Handling and security of samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The receipt of the samples shall be under the supervision of the authorized personnel assigned to the Laboratory.
(b) Upon submission of the sample collection kit to the Laboratory, authorized personnel assigned by the Laboratory shall scan it in to the Laboratory Information Management System (LIMS) by bar code number that does not include any personal identification information from the offender.
(c) All DNA sample kits must be received in a sealed condition. If the kit is not sealed upon receipt, authorized personnel assigned by the Laboratory shall notify the CODIS administrator.
(d) The decision whether to accept or reject the sample shall be made by the CODIS administrator. The decision shall be documented, and justification for rejection shall also be documented.
(e) The DNA databank specimen form shall be verified in the State Police Biometric Identification Unit. A qualified fingerprint examiner shall verify the identity of the offender through AFIS. The fingerprint examiner shall document the findings. No verification is required if the offender's fingerprints were verified by the collector using the Fast ID system or live scan. If fingerprints cannot be verified through the normal verification process due to physical limitations on the part of the offender, verification shall be accomplished through other means, such as a photograph identification procedure duly certified by the collector.
(f) If the fingerprints on file do not match the offender or are inadequate for successful identification, appropriate personnel at the State Police Biometric Identification Unit shall notify the CCU, which will take appropriate action to secure another DNA sample from the offender, who shall have the obligation to cooperate in submission.
(g) In the event a sample is lost or destroyed or otherwise found inadequate for analysis or identification purposes, the offender shall be obligated to provide a substitute sample.
(h) The sample collection card containing the DNA sample shall be placed in an appropriate secured storage area until analysis is performed. The Laboratory shall maintain custody of the sample throughout its analysis and storage.
(i) The information on the DNA databank specimen submission form shall be forwarded to the CCU for further verification, data entry, and tracking.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 3 - TESTING DNA › Section 13:81-3.1 - Sample processing and analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All DNA samples received by the Laboratory for DNA analysis shall be processed and analyzed in accordance with the FBI's national standards, which are set forth in the following documents: "Quality Assurance Standards for Forensic DNA Testing Laboratories," effective September 1, 2011, available at
http://www.fbi.gov/about-us/lab/biometric-analysis/codis
and "Quality Assurance Standards for DNA Databasing Laboratories," effective September 1, 2011, available at
http://www.fbi.gov/about-us/lab/biometric-analysis/codis
, both of which are incorporated herein by reference, as amended and supplemented.
(b) The DNA profile shall be the result of testing of the nuclear DNA contained in the sample. The test performed shall measure the tetranucleotide repeats, also referred to as short tandem repeats at each of the core loci, and may also measure other portions of the genome that are tested by commercially-available kits approved by the FBI pursuant to the "Quality Assurance Standards for Forensic DNA Testing Laboratories," effective September 1, 2011, available at
http://www.fbi.gov/about-us/lab/biometric-analysis/codis
and "Quality Assurance Standards for DNA Databasing Laboratories," effective September 1, 2011, available at
http://www.fbi.gov/about-us/lab/biometric-analysis/codis
, both of which are incorporated herein by reference, as amended and supplemented.
(c) The Laboratory may contract with a commercial laboratory for DNA analysis. The commercial laboratory must be accredited by a non-profit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community and meets the relevant quality assurance standards that are set forth in 13:81-5.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 3 - TESTING DNA › Section 13:81-3.2 - Storage of DNA samples and typing results of DNA samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All DNA profiles and all DNA samples shall be securely stored in the State DNA database and the State DNA databank respectively, in the following manner:
1. All DNA profiles shall be stored in a secured computer database after all personal identifiers have been removed. These records shall be confidential and only those persons authorized by the Laboratory and charged with the responsibilities under the DNA Act shall have access to these records. Information concerning the fact that an individual has submitted a DNA sample for the DNA database is not confidential and may be released;
2. All DNA samples shall remain stored at room temperature in an appropriate storage repository. This storage repository shall be maintained within a secure storage area. Only the CODIS administrator and persons authorized by the CODIS administrator shall have access to these DNA samples. They shall be filed in order of the SBI number or barcode number. For biological samples collected after September 23, 2003, the DNA samples shall be filed in order of barcode number upon sample analysis; and
3. All DNA databank specimen submission forms shall be securely stored in the CCU within the Division of Criminal Justice or in a secure facility approved by the New Jersey Division of Archives and Record Management (NJDARM).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 4 - DNA ACCESS › Section 13:81-4.1 - Upload to SDIS and NDIS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DNA profiles shall be uploaded to SDIS and/or NDIS by the CODIS administrator or persons authorized by the CODIS administrator.
(b) DNA profiles uploaded to SDIS or NDIS shall include only the DNA profile and the relating identification number, that is, as to post-2002 buccal swab samples, the bar code number supplied with the sample collection kit.
(c) The CODIS administrator or persons authorized by the CODIS administrator may expunge or remove a DNA profile that New Jersey has entered into SDIS or uploaded into NDIS for good cause or in obedience to a court order.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 4 - DNA ACCESS › Section 13:81-4.2 - Use of and access to DNA databank and database

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except insofar as the use of the results of testing would jeopardize or result in the loss of Federal funding, the DNA profiles shall be used for only the following purposes:
1. For law enforcement identification;
2. For development of a population database;
3. To support identification research and protocol development of forensic DNA analysis methods;
4. To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes;
5. For research, administrative and quality control purposes;
6. For judicial proceedings, by order of the court, if otherwise admissible pursuant to applicable statutes or rules;
7. For criminal defense purposes, on behalf of a defendant, who shall have access to relevant samples and analyses preformed in connection with the case in which the defendant is charged; and
8. For such other purposes as may be required under Federal law as a condition for obtaining Federal funding.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 5 - QUALITY ASSURANCE › Section 13:81-5.1 - Quality assurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Analysis techniques and operations utilized by the Laboratory shall comply with quality assurance guidelines to ensure that DNA identification records meet audit standards for laboratories that submit DNA profiles for inclusion in CODIS. Quality assurance shall be accomplished through compliance with FBI laboratory accreditation standards, which are set forth in the following documents: "Quality Assurance Standards for Forensic DNA Testing Laboratories," effective September 1, 2011, available at
http://www.fbi.gov/about-us/lab/biometric-analysis/codis
and "Quality Assurance Standards for DNA Databasing Laboratories," effective September 1, 2011, available at
http://www.fbi.gov/about-us/lab/biometric-analysis/codis
, both of which are incorporated herein by reference, as amended and supplemented.
(b) Whether offender samples are analyzed in-house or by a contract laboratory, in either case, the integrity of the sample analysis shall be checked through a quality-assurance quality-control program established at the laboratory.
(c) A portion of the offender samples that have been previously analyzed are reanalyzed for quality assurance purposes. The data for these samples shall be reviewed by authorized laboratory personnel. Matches shall signify successful completion of the quality control process.
(d) Any discrepancies in these quality control samples shall be noted. The CODIS administrator shall investigate the possible source of the discrepancy and determine what further action is needed. This action may include deleting the offender sample from the CODIS database, informing the contract laboratory of a discrepancy, and/or requesting the submission of another sample from the offender, who shall cooperate in the sample submission.
(e) At least once per year, the Laboratory shall conduct an audit in accordance with the FBI "Quality Assurance Standards for Forensic DNA Testing Laboratories," effective September 1, 2011, available at
http://www.fbi.gov/about-us/lab/biometric-analysis/codis/
and "Quality Assurance Standards for DNA Databasing Laboratories," effective September 1, 2011, available at
http://www.fbi.gov/about-us/lab/biometric-analysis/codis
, both of which are incorporated herein by reference, as amended and supplemented.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 6 - REMEDIES AND LIABILITIES › Section 13:81-6.1 - Expungement of DNA profiles and samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person whose DNA profile has been included in the DNA database and whose DNA sample is stored in the DNA databank may apply to the Superior Court of New Jersey, Law Division for expungement of the DNA profile and the DNA sample on the grounds that:
1. The conviction, adjudication, or finding of not guilty by reason of insanity that resulted in the inclusion of the person's DNA profile in the database or the inclusion of the person's DNA sample in the databank has been reversed and the case dismissed. A certified copy of the order shall be attached to the application. A copy of the application for expungement shall be served on the prosecutor for the county in which the adjudication or conviction was entered and on the CCU in the Division of Criminal Justice not less than 20 days prior to the date of the hearing on the application; or
2. All charges from the arrest that resulted in the inclusion of the person's DNA profile in the database or in the inclusion of the person's DNA sample in the databank have been dismissed or have been resolved through an acquittal at trial. A certified copy of the order of dismissal shall be attached to the application. A copy of the application for expungement shall be served on the prosecutor for the county in which the charge or charges were brought and on the CCU in the Division of Criminal Justice, not less than 20 days prior to the date of the hearing on the application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 6 - REMEDIES AND LIABILITIES › Section 13:81-6.2 - Prohibition against disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No persons shall obtain DNA information from the DNA database or the DNA databank without authorization to do so.
(b) Any person who, by virtue of employment, or official position, has possession of, or access to, individually identifiable DNA information contained in the State DNA database or databank shall securely maintain the confidentiality of this information and shall not disclose it in any manner to any person or agency not entitled to receive it pursuant to law. Any such person who purposely discloses this information contrary to the provisions of this subsection is guilty of an offense as provided in 53:1-20.2 6 or other applicable provisions of law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 81 - DNA DATABASE AND DATABANK RULES › Subchapter 7 - POST-CONVICTION DNA TESTING › Section 13:81-7.1 - Analysis and storage of DNA profile information obtained in accordance with provisions of P.L. 2001, c. 377 ( N.J.S.A. 2A:84A-32a et seq.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The analysis of DNA samples obtained in accordance with provisions of P.L. 2001, c. 377 ( 2A:84A-32a et seq.) shall be conducted in accordance with the analysis specified in 13:81-3.1 and 5.1(a).
(b) The DNA profile information obtained in accordance with provisions of P.L. 2001, c. 377 ( 2A:84A-32a et seq.) shall be stored in the State DNA database and forwarded to the FBI for inclusion in NDIS.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall govern the operation of vessels on tidal and nontidal waters of the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be liberally construed to permit the Department and its various agencies to discharge statutory functions.
(b) As used in these rules, "Department" means the Department of Law and Public Safety, "Commission" means the Boat Regulation Commission, and "State Police" means the Division of State Police.
(c) These rules are to be construed consistent with Federal law and all regulations adopted by the United States Coast Guard, as amended and as may be amended, and other applicable laws or regulations relating to vessels.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.3 - Equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall operate or allow any person to operate any vessel in or on the waters of this State unless the vessel is carrying on board the minimum equipment required by Title 33 and Title 46 of the Code of Federal Regulations, amendments thereto and as may be amended, for the size and type of vessel.
(b) Whenever the vessel is in operation, this equipment shall be produced by the owner or operator upon the request of a law enforcement officer of this State.
(c) Failure to produce such equipment shall be a violation of this section.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.4 - Personal flotation devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall operate or allow any person to operate any vessel in or on the waters of this State unless such vessel has a serviceable United States Coast Guard approved personal flotation device (PFD) readily accessible for each person on board. Such PFD shall be of the type(s) and number(s) required by the United States Coast Guard for a vessel of that class operating on navigable waters. This section applies to all vessels except surfboards, racing shells, rowing sculls and racing kayaks.
(b) In accordance with N.J.S.A. 12:7-47.1, every person who operates a vessel on the waters of this State with a child 12 years of age or younger on board shall have the child wear a properly fitted United States Coast Guard approved PFD whenever the vessel is underway. The PFD shall be fully secured by all means provided in accordance with the manufacturer's instructions.
(c) Subsection (b) above shall not apply when the child is inside a fully enclosed cabin that is a permanent, non-removable part of the vessel that is intended by the vessel's manufacturer to carry passengers.
(d) The following classes of vessels shall be exempt from the requirements at (b) above and (f) below:
1. Vessels owned and operated by the United States;
2. Vessels owned or operated by the State of New Jersey or an agency thereof, a county, a municipality, a volunteer first aid, rescue or emergency squad, a search and rescue unit established within a fire district created pursuant to N.J.S.A. 40A:14-70 or a volunteer fire company created pursuant to N.J.S.A. 40A:14-70.1 when a child is on board as a direct result of being rescued from an emergency situation;
3. Commercial vessels; and
4. Ferries.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.5 - Rotating lights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No vessel shall display a rotating or sequential flashing light except as provided in this section.
(b) Any law enforcement or emergency vessel may display a rotating blue light beacon.
(c) Any vessel engaged in activity recognized by the Coast Guard as being eligible for its use may display a rotating red and yellow light.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.6 - Siren

Current through Register Vol. 56, No. 14, July 15, 2024
No vessel shall be equipped with, nor shall any person use upon a vessel, any siren except as otherwise permitted in this section. It is permissible that any vessel be equipped with a theft alarm signal device which is so arranged that it cannot be used by the operator as an ordinary warning signal. This section shall not apply to any vessel operated by or for the Department, a first aid squad, or a police or fire department.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.7 - Speed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall operate a vessel in a manner where the speed and/or wake of the vessel may cause danger or injury to life or limb or damage to property.
(b) All vessels shall reduce speed to slow speed/no wake when passing:
1. Any marina, pier, dock, wharf, or abutment at a distance of 200 feet or less, except on Lake Hopatcong, in accordance with N.J.A.C. 13:82-3.11;
2. Work barges, platforms, or floats while actually engaged in work related activity;
3. Through bridge openings of 400 feet or less;
4. Through lagoons, canals, and confined areas of less than 200 feet in width;
5. Vessels not under command;
6. Emergency vessels displaying sequential flashing or rotating blue lights; or
7. Vessels engaged in activities recognized by the Coast Guard displaying rotating or sequential flashing red and yellow lights.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.8 - Navigation rules

Current through Register Vol. 56, No. 14, July 15, 2024
All vessels navigating the waters of this State shall comply with the Inland Navigation Rules Act of 1980, 33 U.S.C. §§ 2071-2073, and applicable regulations, 33 CFR Parts 83 through 90, except where the International Navigation Rules Act of 1977, 33 U.S.C. §§ 1601-1608 are applicable. Both acts, and any regulation issued thereunder, are incorporated herein by reference, as amended or supplemented.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.9 - Anchoring near aid to navigation

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall anchor or cause to be anchored, tie, or cause to be tied any power vessel, rowboat, sailboat, canoe, or any other vessel to or within a radius of 50 feet of any light, beacon, buoy, or any other aid to navigation, except in an emergency. This section shall not apply to vessels operated by the State or Federal Government for the maintenance, replacement, or survey of navigation aids.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.10 - Interference with other vessels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall operate any vessel in a manner which shall unreasonably interfere with other vessels or with free and proper navigation of the waterways.
(b) Anchoring in heavily traveled channels or main thoroughfares shall constitute such interference if unreasonable in the prevailing circumstances.
(c) No person shall tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft, or carelessly sink or permit or cause to be sunk, or except in an emergency, voluntarily sink or permit or cause to be sunk a vessel or other craft in a navigable channel.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.11 - Interference with marine events

Current through Register Vol. 56, No. 14, July 15, 2024
No vessel shall move across the course or around the course of any marine event as defined at N.J.A.C. 13:82-1.20, so as to create a water condition, which shall unnecessarily endanger the life, limb, or craft of those competing in the marine event.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.12 - Obeying orders

Current through Register Vol. 56, No. 14, July 15, 2024
A person operating a vessel on the waters of this State shall stop or lay to when ordered to do so by a law enforcement officer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.13 - Riders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The operator of a vessel shall not allow any person to ride in any position that would endanger life or limb nor allow passengers or cargo in excess of the maximum capacity stated on the manufacturer's or U.S. Coast Guard capacity label.
1. This prohibition includes, but is not limited to, any position where the person may be in danger of falling overboard.
2. This prohibition excludes all positions which may be necessary for the operation or safety of the vessel.
3. For purposes of this section, waterskiers as defined at N.J.A.C. 13:82-3.1 shall be included in the number of persons in the vessel.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.14 - Altered motor numbers

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who shall have in his or her possession any motor, whether inboard or outboard, the motor number of which has been altered or mutilated, or who shall come into possession of such a motor, shall at once file, in writing, with the State Police a statement setting forth all circumstances in connection with his or her possession of such motor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.15 - Lanyard cut-off switch

Current through Register Vol. 56, No. 14, July 15, 2024
The operator of a vessel equipped with a lanyard cut-off switch shall wear the safety switch lanyard at all times when the vessel is in operation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.16 - Exclusion of marine events

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall not apply to any vessel or to any operator while actually competing in a marine event for which a permit has been issued pursuant to N.J.A.C. 13:82-1.20, except as may be otherwise provided in the permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.17 - Finding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person finding, recovering, or coming into possession of any vessel other than through normal purchase, loan, rental, charter, or gift shall notify the State Police within 24 hours. Any person finding an unoccupied vessel on the waters of the State or under circumstances that indicate an emergency shall notify the State Police without delay by the quickest means available.
(b) The notification shall include a description of the vessel and the specific location where it was found or recovered.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.18 - Floats and swim platforms

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall place, anchor, or construct or cause to be placed, anchored, or constructed, any float or diving platform more than 25 feet from shore on any waters where power vessels are permitted without the written approval of the State Police. Permitted floats or platforms that remain in the water between sunset and sunrise shall be marked by warning lights as required by the United States Coast Guard Inland Navigation Rule 33 CFR 83.30, which is incorporated herein by reference, as may be amended or supplemented.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.19 - Nonlicensed operator

Current through Register Vol. 56, No. 14, July 15, 2024
Any person owning a power vessel shall not knowingly allow it to be operated by a nonlicensed operator in waters where a license is required.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.20 - Marine events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of this section, "marine event" means an organized water event of limited duration that takes place on a predetermined schedule. A marine event shall include, but is not limited to, vessel parades, regattas, contests that use speed, acceleration, distance, time, and/or destination, retrieval of any object(s), obstacle courses, or maneuvering as a measure of competition involving more than five vessels (sail and/or power) underway at any time, and swimming events. A marine event shall not include events of public entertainment on wholly owned private lakes.
(b) Marine events shall not be held unless a permit has been issued in accordance with this section, unless the United States Coast Guard has notified the State Police that the Coast Guard is assuming primary responsibility for the event. A copy of the permit shall be available for inspection by a member of the State Police upon request during the marine event. Failure to possess or produce the permit upon request of a member of the State Police shall be cause for termination of the event.
(c) The organizer or sponsor of the marine event shall submit a request, in writing, to the Station Commander of the State Police marine station responsible for patrolling the area in which the event is intended to take place. The request shall state the nature of the intended activity and shall include the name, address, and telephone number of the person or organization sponsoring the event, the date, start and anticipated finish time, route of travel, number of vessels, and estimated number of persons, and any other information requested by the Station Commander. This request shall be submitted at least 45 days prior to the event. If the event encompasses more than one State Police marine station area, the Station Commander of the area in which the event starts shall process the request, after consultation with the Station Commanders of any other State Police stations affected by the event, and determine whether or not to issue the permit. The Station Commander shall notify the United States Coast Guard district of any request for a permit affecting waters subject to the jurisdiction of the United States. The Station Commander may consult with other law enforcement agencies or governmental bodies with jurisdiction in the affected area.
(d) The Station Commander shall consider the following factors to determine whether or not to issue a permit for the event:
1. Inherent hazards of the event;
2. Customary presence of commercial or pleasure craft in the area;
3. Any obstruction of a navigable channel that may reasonably be expected to result; 4. The expected accumulation of spectator craft;
5. Previous history of the event or sponsor; 6. Other events for which a permit has been issued that may be affected; and
7. The need for conditions or restrictions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:82-1.21 - Waiver of the Boat Regulation Commission rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person or entity desiring a waiver from the provisions of a rule or rules at N.J.A.C. 13:82-1 through 7 shall submit a formal written request to the Commission, in accordance with this section. Any such request shall set forth, in detail, all facts that support the necessity of the requested relief and identify all persons or entities who might be affected if the relief were granted. Any waiver granted pursuant to this section shall only be valid for one year.
(b) The Commission may, within its discretion, grant a waiver from specific provisions of N.J.A.C. 13:82-1 through 7 if it determines:
1. That such a waiver is consistent with the interests of boating safety;
2. That such a waiver is consistent with the intent of, if not the letter of, N.J.A.C. 13:82-1 through 7; and/or
3. Where strict application of the rule would create an unnecessary hardship that is contrary to the legislative intent of the underlying statutes or the public interest.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 2 - REPORTING OF BOATING ACCIDENTS › Section 13:82-2.1 - Reporting of boating accidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 12:7-34.46 and 33 CFR Part 173 , when, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel the operator shall, without delay, by the quickest means available, notify the nearest State Police station of the following:
1. The date, time, and exact location of the occurrence;
2. The name of each person who died or disappeared;
3. The number and name of the vessel; and
4. The name and addresses of the owner and operator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.1 - Waterskiing and wake surfing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Waterskiing" or "skiing" means a person being towed by a power vessel by means of a tow rope, tow line, or training boom. "Wake surfing" means a person being temporarily towed by a power vessel by means of a tow rope or tow line and releasing the tow line after using the vessel's wake as means of forward propulsion. For the purposes of this section, a wake surfer is considered being towed by the tow vessel after releasing the tow line or tow rope.
(b) All power vessels (including vessel, towline, and skier) conducting waterskiing operations, including wake surfing, shall, while underway, keep at least 200 feet distant from any wharf, marina, dock, pier, bridge structure, abutment, persons in the water, other vessels, any shore, approved aid to navigation, or mooring, except specifically provided otherwise in this chapter.
(c) All power vessels conducting waterskiing operations shall have a crew of at least two persons, one of whom shall be a competent observer, and shall have adequate space on the vessel for the waterskiing participant.
(d) Waterskiing tow lines shall be not less than 35 feet nor more than 85 feet in length, except as specifically provided otherwise in this chapter. Wake surfing tow lines shall be not less than eight feet in length.
(e) Waterskiing and wake surfing are permitted only between sunrise and sunset, except as specifically provided otherwise in this chapter.
(f) Waterskiers and wake surfers shall wear a United States Coast Guard approved wearable personal flotation device, except that a barefoot wetsuit may be worn during sanctioned competitions or shows and while training for such events, as long as there is a United States Coast Guard approved wearable personal flotation device on board the vessel for each skier.
(g) All ski boats shall display a signal pennant, which shall be orange in color and triangular in shape and not less than 12 inches on any dimension.
1. Said pennant shall be displayed at least four feet above the highest structure on the boat during each of the following activities:
i. While pulling or retrieving a skier or wake surfer;
ii. While a skier or wake surfer is in the water; or
iii. While a tow line is in the water.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.2 - Beaver Dam Creek, Point Pleasant and Brick Town, Ocean County

Current through Register Vol. 56, No. 14, July 15, 2024
No skiing shall be permitted in the north and south branches of Beaver Dam Creek west of Beaver Dam Road bridge.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.3 - Deal Lake, Monmouth County

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water-skiing is permitted east of the Main Street bridge only.
(b) Skiing under Norwood Avenue bridge is prohibited.
(c) Tow lines shall not exceed 65 feet in length.
(d) Barefoot skiing, kite flying, parasailing, and ski jumping are prohibited, except for specific exhibitions requiring a permit from the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.4 - Lake Grinnell, Sussex County

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A maximum of two power vessels each towing a single skier shall be allowed on the ski course simultaneously.
(b) The skiing course is established as follows:
1. Commencing at a point approximately 100 feet south of Risse's point running in a counterclockwise direction.
2. Commencing at a point approximately 100 feet north of the northern shore of the island and continuing in a circle in a counterclockwise direction.
3. The course shall be identified by white styrofoam markers placed at approximately 200 foot intervals.
4. An orange flag will designate the starting point which will also be the finishing point.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.5 - Indian Lake, Morris County

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water-skiing is prohibited before 8:00 A.M. and after sunset.
(b) All water-ski riders shall start all operations and terminate all operations at a single designated point.
1. The designated point is to be within wading distance of shore in the area known as "Monkey Island."
2. This requirement is not to be interpreted as to prohibit normal pickup of a spilled water-skier.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.6 - Paulinskill Lake, Sussex County

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Waterskiing shall be permitted on Paulinskill Lake only within the designated ski course, as described below.
1. The skiing course shall have designated start and stop areas at both the eastern end of the lake and at the western end of the lake. Skiers shall have the option of starting and stopping in either of those areas. The western start and stop area shall be approximately 1,200 feet east of the most easterly corner of Beach No. 2. The eastern start and stop area shall be approximately 1,000 feet west of the County Road 622 bridge. There shall be two designated turning areas. The western end turning area shall be approximately 2,000 feet east of the most easterly corner of Beach No. 2. The eastern end turning area shall be approximately 1,700 feet west of the County Road 622 bridge.
2. The ski course described at (a)1 above, including the start, stop, and turning areas, shall be identified by marker buoys.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.7 - Grover's Mill Pond, Mercer County

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No power vessel powered by a motor in excess of 7 1/2 horsepower, shall be operated on Grover's Mill Pond, Mercer County.
(b) No power vessel shall be operated upon Grover's Mill Pond between the hours of 11:00 P.M. and 7:00 A.M.
(c) No waterskiing shall be permitted on Grover's Mill Pond at any time.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.8 - Lake Mohawk, Sussex County

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No waterskiing shall be permitted in Tamarack Cove, Turtle Cove, Three Finger Cove, or the South End Cove of the lake.
(b) No waterskiing shall be permitted to the west of Manitou Island north and south of Manitou Bridge, between Manitou Island and Echo Island, or in any other indicated slow speed/no wake area as defined at N.J.A.C. 13:82-1.7(c).
(c) Power vessels shall not exceed slow speed/no wake from sunset to 7:30 A.M. anywhere on the lake.
(d) Power vessels shall not exceed slow speed/no wake in Tamarack Cove, Turtle Cove, Three Finger Cove, the west side of Manitou Island, or the South End Cove of the lake.
(e) Power vessels shall not exceed slow speed/no wake within 200 feet of any shore, wharf, pier, bridge structure, or abutment, dock, floating float of any kind, or floating swimming or diving platform, except for waterski practices, shows, and exhibitions with a waiver granted by the Boat Regulation Commission.
(f) Power boats shall not exceed a speed of 35 miles per hour between 7:30 A.M. and sunset, except for waterski practices, shows, and exhibitions with a waiver granted by the Boat Regulation Commission.
(g) All power vessels starting, landing, or towing ski or aquaplane riders shall keep at least 200 feet distance from any other craft, shore, wharf, pier, bridge structure or abutment, dock, floating or swimming platform, or person in or under the water, except for waterski practices, shows, and exhibitions with a waiver granted by the Boat Regulation Commission.
(h) Waterskiing or aquaplane or towing of skiers or aquaplanes shall be permitted only during the hours between 7:30 A.M. and sunset.
(i) Barefoot skiing, wake surfing, balloon skiing, kite skiing, the use of motor-operated or motor-towed skis, parachute skiing and parasailing, and ski jumping are prohibited, except for waterski practices, shows, and exhibitions with a waiver granted by the Boat Regulation Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.9 - South Branch of Kettle Creek, Ocean County

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No waterskiing shall be permitted in the south branch of Kettle Creek.
(b) Waterskiing is prohibited west of a line, if extended, from the easterly end of Queen Ann Road (Bay Harbor Estates), Brick Township, to 224 Kettle Creek Road (Lot 30, Block 254) in Dover Township.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.10 - Shrewsbury and Navesink Rivers and adjacent areas; tidal waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No waterskiing shall be permitted in the following waterway areas of Shrewsbury and Navesink Rivers and adjacent areas:
1. Between northern limit Buoys No. 10 and No. 11 at Highlands to Buoys No. 28 at Rumson; thence to Buoys No. 5 off Barley Point;
2. From Buoys No. 10 southerly through Monmouth Beach Channel and Cove;
3. From Buoys No. 28 through area between Gunning Island and Rumson including entire area of Oyster Bay of Pollys Pond.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 82 - BOATING REGULATIONS › Subchapter 3 - OPERATIONAL REGULATIONS › Section 13:82-3.11 - Lake Hopatcong, Sussex and Morris Counties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) From May 15 through September 15 of each calendar year, no person shall waterski on Saturdays, Sundays, or holidays between the hours of 11:00 A.M. and 5:00 P.M. in the following areas:
1. Byram Cove;
2. Between Raccoon Island and Prospect Point;
3. Between Prospect Point and Halsey Island;
4. Woodport Cove;
5. Between Halsey Island and Raccoon Island; and
6. Henderson Cove.