Controversial boat storage ordinance runs aground
Council will rework rules for storage on residential properties
BY LAYLI WHYTE Correspondent

FAIR HAVEN — The ordinance concerning boat storage was put in dry dock until the language can be made clearer after a public hearing at the Nov. 24 Borough Council meeting.

The ordinance had been introduced at the Nov. 10 council meeting, after Mayor Michael Halfacre said that it would be held for introduction until Councilman Jerome A. Koch, who opposed the ordinance as it was written, could be present.

After much discussion from the public at that meeting, Councilman Thomas Gilmour introduced what Halfacre referred to as a draft ordinance, and the council voted to introduce it.

"The ordinance was clearly a draft," Halfacre said at last week's meeting. "It never should have been introduced. I ask that it be tabled. It should be withdrawn and I ask it to be rewritten."

Halfacre said that the language in the ordinance is not very clear and does not take into account people who own boats and live on corner lots, does not reference anything about backyard storage, and requires all boats stored on private property to be registered with the state.

"The existing ordinance is subject to multiple interpretations," he said. "Not all boats need to be registered, and many small boats cannot be registered. The way this is drafted makes it almost unenforceable and it unduly burdens the code enforcement officer."

Several residents were on hand for the public hearing on the ordinance, and they represented both sides of the issue.

Robert Dennis, Lewis Lane, expressed his concern about the unclear language in the ordinance as it was presented for introduction.

"I have boats and a front yard that I share on the river," he said. "My house is not seen from the street. Whatever ordinance you pass, I ask that it not exempt or discriminate against people who live on the river because those people may pay the same, if not more, in taxes."

Dennis said that his property is adjacent to a property that has eight boats docked year round, and that he isn't satisfied with they way they are kept. He showed the council photos of the boats and asked that they be kept in mind when the council makes changes to the ordinance.

The ordinance, as it is currently drafted, calls for the owner of the boats to be the resident or residing tenant of the property on which the boats are stored, and Brian Rice, Maple Avenue, said that would be a problem for him.

"I own a few boats," he said, "none of which are stored on my property. They are all stored on the river and at homes owned by my family. If I did move my boats to my lot, a corner lot, I would be in violation of this ordinance still. I'm just saying that there are a lot of intricacies that could affect people."

An ordinance concerning the storage of boats on residential property has been on the books in Fair Haven since 1978, according to Halfacre, and it was revisited in 1998. Halfacre, as well as members of the council like Councilman Jon Peters, believe that the ordinance that is currently on the books is too strict.

"I have been trying to get this ordinance changed for three years," said Peters. "My primary objection is that it is a quality-of-life issue. Boating is a traditional activity in this town, and not everyone can afford to pay for storage. My intent was to make it more affordable to keep boats in town."

Halfacre said that he believes the intent was a noble one, but that the execution was flawed.

Some residents think that not only the execution was flawed, but that the entire concept of an ordinance for boat storage should be scrapped.

"When you peel away all of the layers of the onion," said Ruth Blazer, River Road, "what you have is that some people can tell other people how to use their own property. This is neither a health nor a safety issue. The fact that the boats may be an eyesore to some people, I don't think qualifies."

John Feeney, McCarter Avenue, said that he agrees with Blazer, and that having an ordinance simply for aesthetics could end up being more hazardous to the health of the borough.

"It's like taking prescription drugs for your heart," he said. "It may be good for your heart, but it's bad for your liver and kidneys. We have wasted more time on this issue and you have more important things to do."

Councilman Christopher Rinn made a motion to table the ordinance so that it might be taken back to the drawing board and reworked, but Peters expressed some concern about where putting off the issue might lead.

"My intent was to see this resolved," Peters said. "I don't want to see this go into permanent limbo land. The question is, I guess, at what point in time do people have the right to use their property in a peaceable way?"

In the end, the council voted three to two to table the ordinance, but Halfacre ended on a high note.

"Stay tuned," he said. "Monday Night Football is almost over, and we're here two Mondays a month."