CHAPTER IV  POLICE REGULATIONS*

 

 

4-1    MANUFACTURE, POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES.

 

4-1.1    Purpose.

   The purpose of this legislation is to prohibit the manufacture of any alcoholic beverage within the City of Ocean City, and to further prohibit the same, offering for sale, possession, or consumption of alcoholic beverages upon any public place within the City. These regulations are deemed to be in the best interest of the citizens and residents of the City, and are promulgated to maintain the traditional image and character of Ocean City as a family resort community. (Ord. #84-23, § 1)

 

4-1.2    Manufacture of Alcoholic Beverages Prohibited.

   The manufacture of alcoholic beverages, spirituous or intoxicating liquor is prohibited within the City of Ocean City. (Ord. #84-23, § 2)

 

4-1.3    Consumption or Possession in Public Places, and Certain Private Places Prohibited.

   It shall be unlawful to consume, possess with the intent of consumption, sell or offer for sale any alcoholic beverage upon any street, highway, beach, boardwalk, sidewalk, alley, ramp, public building, public place, restaurant, cafe, food or eating establishment.

   It shall be further unlawful for any person under the age of twenty-one (21) years to consume or possess with the intent of consumption, any alcoholic beverages upon any private property unless said person is in the presence of a parent or legal guardian. (Ord. #84-23, § 3; Ord. #89-19, § 1; Ord. #91-15, § 1)

 

4-1.4    Alcoholic Beverages Prohibited in Restaurants.

   It shall be unlawful for any owner, operator or manager of a restaurant, cafe or food establishment to permit any person to possess or consume alcoholic beverages in, or upon, their premises. (Ord. #84-23, § 4)

 

4-1.5    Consumption at Private Parties.

   Notwithstanding subsections 4-1.3 and 4-1.4, the possession or consumption of alcoholic beverages at a private gathering, party or affair is permissible provided it is not open and available to the general public and to persons under the age of twenty-one (21). (Ord. #84-23, § 5)

 

4-1.6    Underage Consumption/Possession on Private Property.

a.     Prohibited Activity. It shall be unlawful for any person under the legal age, without legal authority, to knowingly possess or knowingly consume an alcoholic beverage on private property, except as provided for in paragraph d., below;

b.     Penalty. Any person violating the provisions of this subsection shall, in accordance with provisions of N.J.S.A. 40:48-1 as amended, be punishable by a fine not to exceed two hundred fifty ($250.00) dollars for the first offense and not to exceed three hundred fifty ($350.00) dollars for any subsequent offense.

c.     Additional Penalties.

1.     In addition to the fine authorized for this offense, the Court may suspend or postpone for six (6) months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court pursuant to N.J.S.A. 40:48-1 as amended. If a person at the time of the imposition of sentence is less than seventeen (17) years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six (6) months after the person reaches the age of seventeen (17) years.

2.     If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the Court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.

3.     The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of the license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

4.     If a person convicted under this subsection is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit it to the Division of Motor Vehicles on the required report. The Court shall not collect the license of a nonresident convicted under this subsection. Upon receipt of a report from the Court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

d.     Exceptions.

1.     Nothing contained in this subsection is intended, nor shall it be construed, as prohibiting an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite, or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

2.     As used in the preceding paragraph, the following terms shall have the meaning set forth:

        Guardian shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

        Relative shall mean the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

3.     Nothing contained in this subsection is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this subsection shall not be construed to preclude the imposition of a penalty under this subsection, R.S. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

        (Ord. #00-22, §§ 14)

 

 

4-2    BALL PLAYING PROHIBITED IN STREETS.

   The playing of baseball, football, hockey or any other type or kind of game on the public streets is prohibited. (Ord. #789, § 2J)

 

 

4-3    BATHING ATTIRE ON STREETS.

   It shall be unlawful for any person to travel in or upon any of the streets, alleys, or public boardwalk of the City in abbreviated bathing robes, suits or other costumes of a similar nature unless a suitable robe or covering from the shoulders to the knees shall be worn over the abbreviated robes or suits, to properly cover the person from the public view. (Ord. #195, § 1)

 

 

4-4    BICYCLE REGULATIONS AND REGISTRATION.*

 

4-4.1    Regulations for Operation.

a.     No person shall operate a bicycle after dark unless it is equipped with a light on the front which shall emit a white light visible from a distance of at least five hundred (500') feet, and with reflectors on each of the wheels.

b.     No person shall operate a bicycle unless it is equipped with a brake which will enable the operator to make the braked wheels skid on dry, level clean pavement.

c.     A person propelling or riding on a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals or with both hands removed from the handlebars. No bicycle shall be used to carry more persons at one time than the number for which it is equipped. This subsection shall not apply to any persons with a physical handicap.

d.     No persons riding upon any bicycle shall attach to same or himself to any vehicle upon a roadway and no operator of any such vehicle shall knowingly allow any person riding upon any bicycle to attach the same or himself to any such vehicle.

e.     It shall be unlawful to operate a bicycle on any public highway, the boardwalk or approaches to the boardwalk, or any other public right-of-way or public grounds, in a careless manner, or without due caution and circumspection, or in a manner so as to endanger or be likely to endanger any person or property.

        (Ord. #7-82, §§ 15)

 

4-4.2    Registration of Bicycles or Mopeds.

   All persons residing within the City of Ocean City for any period of time may have any bicycle or moped owned or operated by them registered in the Ocean City Police Department. The Police Department shall provide, at no fee or charge, a registration decal and a registration form which shall identify the owner of the bicycle, his or her address and telephone number, the make of the bicycle, serial number, color, size and other identifying characteristics. (Ord. #7-82, § 9)

 

4-4.3    Bicycles Prohibited from Sidewalk Areas.

   No person shall ride a bicycle in the sidewalk area at any of the locations listed below:

Street

Location

Side

8th Street

Atlantic Avenue and

 

 

Boardwalk

North Side.

Asbury Avenue

6th - 12th Streets

Both Sides.

(Ord. #86-30, A I, A II)

 

4-4.4    Bicycles Ridden on the Boardwalk.

   A person operating a bicycle or riding on a bicycle as a passenger on the boardwalk shall not be required to wear a bicycle helmet.

   This exemption is meant to apply to Public Law chapter 465. (Ord. #92-6, § 1)

 

 

4-5    CAMPING UNLAWFUL IN A CERTAIN AREA.

   It shall be unlawful for any person to use for camping or tenting the land owned by the City between Fifth and Sixth Streets, from Bay Avenue to the Atlantic Ocean except by permission from the City Council.

   It shall be unlawful for any person to place any structure, tent, vehicle or contrivance on the land described in this section and for any of the same to be used directly or indirectly for camping or tenting purposes or to use any of the same directly or indirectly for the preparation of meals or for lodging, except by permission from the City Council.

(Ord. #334, §§ 1, 2)

 

 

4-6    CURFEW.

 

4-6.1    Minors Unaccompanied by Adult Prohibited from Public Places During Certain Hours.

   It shall be unlawful for any minor under the age of seventeen (17) years to loiter, idle, wander, stroll or play in or remain in or be upon the public streets, alleys, parks, playgrounds, boardwalks, the approaches thereto, public places, public buildings, places of amusement and entertainment, places of business carried on for profit to which the public is invited, other public places, vacant lots or other premises, either on foot or in any vehicle, within the confines of the City. Between May 16 and September 30 of each year the curfew shall be in effect between the hours of 1:00 a.m. and 6:00 a.m. From October 1 of each year to May 15 of the following year, the curfew shall be in effect between the hours of 10:30 p.m. and 6:00 a.m. The provisions of this subsection shall not apply to any minor accompanied by his parent or parents, guardian or other adult person having the care or custody of such minor. (Ord. #951, § 1; Ord. #1090, § 1; Ord. #1192, § 1)

 

4-6.2    Unlawful for Adult to Permit Minor to Be in Public Place During Certain Hours.

It shall be unlawful for the parent, guardian or other adult person having the care or custody of a minor under the age of seventeen (17) years to permit the minor to loiter, idle, wander, stroll, play in, remain in or be upon the public streets, alleys, parks, playgrounds, boardwalks or approaches thereto, public places, places of amusement and entertainment, places of business carried on for profit to which the public is invited, vacant lots or other public places, either on foot or in any vehicle within the confines of the City between the hours of 1:00 a.m. and 6:00 a.m.; provided that the provisions of this subsection shall not apply to any such minor accompanied by his parent, guardian or other adult person having the care or custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person having the care or custody of the minor. (Ord. #1090, § 2; Ord. #1192, § 1)

 

4-6.3    Unlawful for Business Establishment to Permit Unaccompanied Minor During Certain Hours.

It shall be unlawful for any owner or operator of any establishment as described in subsections 4-6.1 and 4-6.2 to suffer or permit any minor to loiter, idle, wander, stroll, play in, remain in or be upon any such establishment during the times set forth subject to the provisions contained in subsections 4-6.1 and 4-6.2. (Ord. #951, § 3)

 

4-6.4    Students and Workers Exempted.

   The provisions of this section shall not apply to any minor below the age of seventeen (17) years who shall be gainfully employed, who shall be a bona fide student of a school of evening instruction, who shall be in attendance at a function sponsored by a religious or school organization, or who shall be in attendance at a properly supervised recreational program, during the time necessarily required to travel between the minor's residence and the place of assembly or employment. (Ord. #951, § 4; Ord. #1192, § 1)

 

 

4-7    DISCHARGE OF FIREARMS.

 

4-7.1    Unlawful Except as Provided.

   No person shall discharge any pistol, revolver, or other firearm with the City except as hereinafter provided. (Ord. #926, § 1)

 

4-7.2    Exceptions.

   The prohibition contained in subsection 4-7.1 shall not be applicable to any of the following persons provided that the firearm is discharged in the course of their official duties or for a purpose permitted by the laws of the State of New Jersey.

a.     Persons who have obtained a permit to carry a firearm pursuant to the provisions of R.S. 2A:151-44 and R.S. 2A:151-45 of New Jersey.

b.     The following persons permitted to carry concealed weapons pursuant to the provisions of R.S. 2A:151-43 of New Jersey.

1.     The United States marshal or his deputies;

2.     Members of the armed forces of the United States or of the National Guard when on duty;

3.     Any sheriff, undersheriff, deputy sheriff, county prosecutor, assistant prosecutor or prosecutor's detective;

4.     The regularly employed members, including detectives, of the police department of any municipality, or any special policeman appointed by the governing body of any municipality;

5.     Any member of the State Police, or any motor vehicle inspector or State detective;

6.     Any jailer, constable, railway police, canal or steamboat police, or any other peace officer, when in discharge of his duties;

7.     The fish and game commissioners, or the regular fish and game wardens;

8.     Any prison or jail warden or their deputies, or any guard or keeper of any penal institution in this State, while engaged in the actual performance of the duties of their positions and when so required by their superior officers to carry firearms;

9.     Any court attendant serving as such under appointment by the sheriff of the County or by the judge of any court of this State;

10.   Any member of a legally organized detective agency;

11.   Any guard in the employ of any railway express company, banking or building and loan or savings and loan institutions of this State;

12.   Any officer of the Society for the Prevention of Cruelty to Animals, while engaged in the performance of the official duties of the Society;

13.   Any duly authorized military organization when under orders, or any member thereof carrying the weapons prescribed for drill, exercise or parade;

14.   Persons having a hunter's license, while hunting as and when permitted by law; provided that the license has been endorsed by the Chief of Police of Ocean City and subject to such conditions as he may set forth therein;

15.   The director, deputy directors, inspectors and investigators of the Division of Alcoholic Beverage Control in the Department of Law and Public Safety;

16.   Any employee of the United States Government under the supervision of the commanding officer of any post, camp, station, base or other military or naval installation located within this State who is required, in the performance of his official duties, to carry firearms, and who is authorized to carry such firearms by his commanding officer, while this civilian employee is engaged in the actual performance of his official duties;

c.     Any employee of the Federal Bureau of Investigation or any other enforcement agency of the United States Government who is required, in the performance of his official duties to carry firearms, while he is engaged in the actual performance of his official duties.

d.     Any person keeping or carrying about his place of business, dwelling house or other lands or premises possessed by him, any firearm as permitted pursuant to the provision of R.S. 2A:151-42 of New Jersey, or other persons or in lawful protection of his property or the property of other persons.

e.     Any person discharging a firearm within a shooting gallery operated as an amusement under a mercantile license issued by the City; provided this firearm is discharged under the supervision of the operator of the shooting gallery and in accordance with regulations governing this shooting gallery as approved by the Chief of Police of Ocean City.

        (Ord. #926, §§ 1, 2)

 

 

4-8    DRESSING OR SLEEPING IN VEHICLES PROHIBITED.

   It is unlawful to dress, undress, change clothing or sleep in any type of motor vehicle or other type of vehicle. (Ord. #789, § 1)

 

 

4-9    FIRES; RULES AND REGULATIONS.

   The starting or maintenance of any type of fire (except to burn refuse on an owner's or lessee's property) is prohibited. Permits for fires on the beaches or elsewhere shall be granted in writing by the Police Department when it appears that life, health and safety will not be impaired, but no permit shall be issued for use on Sunday. (Ord. #789, § 2)

 

 

4-10  GRASS, BRUSH OR DEBRIS; MAINTENANCE OF LAND.

 

4-10.1    Purpose.

   The preservation of public health, safety and general welfare and the elimination of fire hazards requires that all lands within this city shall be kept clear of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris. (Ord. #694; Ord. 19-78, § 1)

 

4-10.2    Owner or Tenant Not to Permit Violations.

   It is hereby declared unlawful for any person, being the owner or tenant, of any such land or lands, to permit brush, weeds, dead trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris to remain therein in violation of the provisions of this section. (Ord. #694; Ord. 19-78, § 2)

 

4-10.3    Enforcement.

   The City Administrator or such person or persons as he may designate in writing, in addition to the Police Department of the City, are hereby empowered to enforce the provisions of this section. (Ord. #694; Ord. 19-78, § 3)

 

4-10.4    Notice Served.

a.     In any and all cases where it shall be determined that a violation of the provisions hereof exists, notice shall be given to the owner or tenant or both, which notice shall state that unless the described violation is abated, removed and/or remedied within ten (10) days from the date of the giving of said notice, a complaint shall be filed in the Municipal Court of the City of Ocean City.

b.     Any notice given under the authority of this section may be served personally or it may be mailed certified mail, postage prepaid, addressed to the owner or tenant at the last known post office address of such person. With respect to the owner, the same may be mailed to the address appearing on the records of the Tax Collector.

        (Ord. #694; Ord. 19-78, §§ 4, 5)

 

4-10.5    Owner or Tenant to Remove.

   Upon failure of the owner or occupant to abate, remove or remedy the condition in a manner satisfactory to the enforcing authority within the ten (10) day period following notification or making reasonable efforts satisfactory to the enforcing authority to abate the violation promptly (which efforts may exceed the ten (10) day limit by a reasonable period of time), the enforcing authority shall file a complaint returnable in the Ocean City Municipal Court. (Ord. #694; Ord. 19-78, § 6)

 

4-10.6    Violations.

   Any person violating this section shall be liable to the penalty stated in Chapter I, Section 1-6. (Ord. #694; Ord. 19-78, § 7)

 

4-10.7    Removal of Grass and Weeds from Sidewalks and Gutters.

a.     It shall be unlawful for any owner or tenant of land abutting or bordering upon the sidewalks or gutters of any street in the City to allow any grass, weeds or other impediments to grow thereon which will prevent free and uninterrupted passage.

b.     Any owner or tenant neglecting to remove any such grass, weeds or other impediments within three (3) days after being notified to remove the same, by or through the Director of the Department of Public Works, shall upon conviction before a proper officer having jurisdiction be subjected to a fine as stated in Chapter I, Section 1-6.

c.     Upon failure of any owner or occupant of any premises to remove any grass, weeds or other impediments within three (3) days after notification, the Director shall cause the same to be removed; and the cost thereof, as near as can be ascertained, shall be certified to the officer whose duty it is to assess and levy taxes of the City and shall thereupon become a first and paramount lien upon such premises, and shall be recorded and collected with and in the same manner as the taxes next to be assessed and levied upon such premises.

d.     The imposition and collection of the fine imposed by the subsection shall not bar the right of the City to collect the cost of removal of grass, weeds and other impediments in the manner provided in this section, and the remedy shall be cumulative.

        (Ord. #79, §§ 14)

 

4-10.8    Underbrush and Scrub Trees.

a.     Any underbrush or scrub trees growing on any lot or land in the City is declared to be a nuisance.

b.     Any grass growing on any lot or land, which by its nature becomes susceptible to inflammability is declared to be a nuisance.

c.     The Health Officer of this City, or such other officer as the board may direct, is hereby authorized and directed to remove and abate any or all of the nuisances enumerated in this subsection.

d.     This subsection shall not be construed in any way to interfere with or to destroy any ornamental grass, shade tree or shrubbery.

e.     The cost of abating any such nuisance shall be a lien upon the lot or land upon which the same was abated and the procedure for the enforcement and collection thereof shall be such procedure as is provided by law of the State of New Jersey.

        (Ord. #147, §§ 26)

 

 

4-11  LITTER.

 

4-11.1    Transportation of Sand, Soil or Rubbish; Cover Required.

   It shall be unlawful for any person to transport, in any manner, along or upon the streets, boardwalks, or any other public place in the City any sand, soil, rubbish, manure or other substance unless the same be transported in conveyance or receptacle to prevent the sand, soil, rubbish, manure or other substance from falling or being scattered on the public ways. (Ord. #216, § 1; Ord. #190, § 2)

 

4-11.2    Depositing on Public Ways.

   No person shall throw, dump or deposit any earth, building materials, dirt, ashes, papers, advertising matter, boxes, barrels, rubbish or other articles, upon any street, boardwalk, or sidewalk in the City; provided that this subsection shall not apply to the placing of building materials on the driveways of streets when authorized by permit from the Construction Official and provided further, that this subsection shall not apply to the placing of ashes and other rubbish in proper receptacles for collection and disposal under authority of the Council. (Ord. #190, § 3)

 

4-11.3    Removal from Receptacles.

   It shall be unlawful for any person to remove any trash, rubbish or other substance placed in the rubbish and trash receptacles for the removal by the contractor (under contract of the City of Ocean City to remove the same), or for removal by the City but this subsection shall not be construed in any way to prevent the contractor, or his agents or the City or its agents from removing the rubbish, trash and other substances from rubbish and trash receptacles. It shall be unlawful for any person to remove rubbish, trash or other substances from the City dump without first obtaining permission from the City. (Ord. #247, § 1)

 

4-11.4    Reserved.*

 

 

4-12   LOST ARTICLES.

   Any articles of goods and merchandise found by a person who cannot by law claim title thereto or the right of possession thereof shall be delivered to the Police Department, City Hall, subject to the claim of the rightful owner or the person legally entitled to possession thereof. (Ord. #789, § 2)

 

 

4-13   MISREPRESENTATION OF AGE UNLAWFUL.

   It shall be unlawful for any person to misrepresent or misstate his age or the age of any other person for the purpose of evading any provision of any ordinance of the City or of any provision of this Revision. (Ord. #953, § 1)

 

 

4-14   MOTOR VEHICLE REGULATIONS.

a.     Motor Scooters, Motor Bikes and Motorcycles; Rental Prohibited. It is unlawful to lease, rent, hire, lend or bail motor scooters, motor powered bicycles, motor bikes or motorcycles within the City.

b.     Regulations for Unregistered Motor-Driven Vehicles.

1.     Definitions.

        "Motor-driven vehicle" shall mean and include, but not be expressly limited to, minibikes, motor scooters, go-carts, swamp buggies, and snow mobiles and any other motor-driven vehicle not capable of being registered under Title 39 ("Motor Vehicles") of the New Jersey Statutes, as amended, excepting such vehicles as in such Title which are expressly exempted from registration.

2.     Conditions Under Which Operation Unlawful. It shall be unlawful for any person to operate, or permit and suffer to be operated, a motor-driven vehicle, as defined herein, within the City under the following circumstances:

(a)     On private property of another without the express, prior, written consent of the owner and the occupant of the property. Where such express, prior, written consent has been obtained, the operator shall keep same on his person, available for immediate display, during the period of such operation;

(b)     On any public grounds or property inclusive of sidewalks and parking lots;

(c)      In such manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons. To this end, no person shall operate such a motor-driven vehicle before the hour of 9:00 a.m. and after the hour of 7:00 p.m. prevailing time, or sunset, whichever shall first occur;

(d)     In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person.

3.     Permission of Parents Presumed. It shall be rebuttably presumed that any person under the age of eighteen (18) years who operates a motor-driven vehicle in violation of the terms of this subsection and who resides with his or her parent(s), guardian(s) or other person(s) having custody of said person, that the person under the age of eighteen (18) years is operating said motor-driven vehicle with the sufferance and permission of the parent(s), guardian(s) or other person(s) having custody.

4.     Violations by Persons Under Eighteen (18) Years of Age. Any person under the age of eighteen (18) years who shall violate any of the provisions of this subsection shall be deemed to be juvenile delinquent and shall be proceeded against as such.

        (Ord. #1015, § 1; Ord. #1149, §§ 14)

 

 

4-15   NOISE; DISTURBING THE PEACE.

 

4-15.1    Loud and Boisterous Actions Prohibited.

   It is unlawful to act in a loud and boisterous manner, so as to inconvenience others or otherwise disrupt the public peace, quiet and dignity. (Ord. #15-82, § 1)

 

4-15.2    Indecent and Offensive Actions Prohibited.

   It is unlawful to act in a loud, indecent, obscene or offensive manner in any public area or place of the City. (Ord. #15-82, § 2)

 

4-15.3    Noises Prohibited.

   Notwithstanding the provisions of subsections 4-15.1 and 4-15.2, and not in limitation thereof, it shall be unlawful to make or cause to be made any of the following loud, disturbing, or unnecessary noises;

a.     The playing, using or operating, or participating in or permitting the playing, using or operating of, any radio receiving set, television, hi-fi set, stereo set, phonograph, or other machine or device for the producing or reproducing of sound, in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated, and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, hi-fi, stereo set, machine or device between the hours of 10:00 p.m. and 8:00 a.m. (prevailing time) in such a manner as to be plainly audible at a distance of fifty (50') feet from the building, structure, device or vehicle in which it is located shall be prima facie evidence of a violation of this section.

b.     Yelling, shouting, hooting, whistling, or singing on the public streets or boardwalk or in a vehicle, dwelling, motel, hotel, or commercial establishment between the hours of 10:00 p.m. and 8:00 a.m. (prevailing time) so as to annoy or disturb the quiet, comfort or repose of person or persons in any office, or in any dwelling, hotel, motel or other type of residence, or of any person in the vicinity.

c.     Maintaining a commercial establishment from which loud noises emanate either as a result of mechanical, musical devices, live entertainment or patrons. It shall be prima facie evidence of a violation of this section if the noise is plainly audible one hundred (100') feet from the place where it emanates between the hours of 10:00 p.m. and 8:00 a.m. (prevailing time).

d.     The provisions of this section shall not apply to any sound from a church bell(s) and/or a church chime(s), recorded or live, when part of a religious observance or service; or when occurring during the hours of 8:00 a.m. to 8:00 p.m. daily provided that the sound does not exceed the permitted levels set forth in N.J.A.C. 7:29-1.2.

        (Ord. #15-82, § 3; Ord. #06-14, § 1)

 

4-15.4    Owner or Lessee of Apartment House, Hotel, Motel, etc. Responsible.

   It shall be unlawful for any person in possession of any apartment, residence, room or commercial establishment under a lease or as owner thereof, to permit any person on the aforesaid premises to violate this section. (Ord. #15-82, § 4)

 

4-15.5    Unnecessary Noise Prohibited from Motor Vehicles.

   It shall be unlawful to operate in the City any motor vehicle, including any automobile, motorscooter, motor-powered bicycle, motor bike or motorcycle, in such a manner as to cause unnecessary noises to emanate from the motor vehicle. (Ord. #15-82, § 5)

 

 

4-16   NOISE CONTROL FOR NOISE FROM STATIONARY SOURCES.

 

4-16.1    Declaration of Findings and Policy; Scope.

a.     Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and, a substantial body of science and technology exists by which excessive sound may be substantially abated; and, the people have a right to, and should be ensured an environment free from excessive sound. Now, therefore, it is the policy of the City of Ocean City to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.

b.     This section shall apply to the control of sound originating from stationary sources within the limits of the City of Ocean City.

        (Ord. #85-17, A 1)

 

4-16.2    Definitions.

   As used in this section:

Commercial Area shall mean a group of commercial facilities and the abutting public rights-of-way and public spaces.

Commercial Facility shall mean any premises, property, or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to:

a.   Banking and other financial institutions;

b.   Dining establishments;

c.    Establishments for providing retail services;

d.   Establishments for providing wholesale services;

e.   Establishments for recreation and entertainment;

f.    Office buildings;

g.   Transportation;

h.   Warehouses.

Construction shall mean any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.

Decibel (dB) shall mean the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated dB.

Demolition shall mean any dismantling, intentional destruction, or removal of buildings or structures.

Emergency Work shall mean any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions.

Industrial Facility shall mean any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods.

Motor Vehicle shall mean any vehicle that is propelled or drawn on land by an engine or motor.

Muffler shall mean a sound dissipative device or system for abating the sound of escaping gasses of an internal combustion engine.

Multi-Dwelling-Unit Building shall mean any building wherein there are two (2) or more dwelling units.

Noise shall mean any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the State or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment.

Noise Control Administrator shall mean the noise control officer designated as the official liaison with all municipal departments, empowered to grant permits for variances.

Noise Control Officer shall mean an officially designated employee or employees of the municipality, including members of the Ocean City Police Department and Construction Code Department and Health Officer, trained in the measurement of sound and empowered to issue a summons for violations of this section.

Noise Disturbance shall mean any sound that (a) endangers the safety or health of any person, or (b) disturbs a reasonable person of normal sensitivities, or (c) endangers personal or real property.

Person shall mean any individual, corporation, company, association, society, firm, partnership, joint stock company, the State or any political subdivision, agency or instrumentality of the State.

Public Right-of-Way shall mean any street, avenue, boulevard, road, highway, sidewalk, alley that is leased, owned or controlled by a governmental entity.

Public Space shall mean any real property or structures thereon that are owned, leased, or controlled by a governmental entity.

Real Property Line shall mean either:

a.   The imaginary line including its vertical extension that separates one parcel of real property from another, or

b.   The vertical and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-units building.

Residential Area shall mean a group of residential properties and the abutting public rights-of-way and public spaces.

Residential Property shall mean property used for human habitation, including but not limited to:

a.   Private property use for human habitation;

b.   Commercial living accommodations and commercial property used for human habitation;

c.    Recreational and entertainment property used for human habitation;

d.   Community service property used for human habitation.

Sound Level shall mean the sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA.

Sound Level Meter shall mean an instrument used to measure sound level and conforms to Type 1 or Type 2 standards as specified by ANSI specification SI.4-1971.

Weekday shall mean any day, Monday through Friday, that is not a legal holiday.

(Ord. #85-17, A II)

 

4-16.3    Powers, Duties, and Qualifications of the Noise Control Officers and Administrator.

a.     The provisions of this section shall be enforced by the Noise Control Officers.

b.     The Noise Control Administrator shall have the power to:

1.     Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable;

2.     Review the actions of other municipal departments and advise such departments of the effect, if any, of such actions on noise control;

3.     Review public and private projects, subject to mandatory review or approval by other departments or boards, for compliance with this section.

4.     Grant permits for variances according to the provisions of subsection 4-15.8, provided the variances are consistent with regulations concerning noise control promulgated by the New Jersey Department of Environmental Protection. N.J.A.C. 7:29.

c.     The Noise Control Administrator shall consult with the airport proprietor to recommend changes in airport operations to minimize any noise which the airport owner may have the authority to control in its capacity as proprietor. The Noise Control Administrator shall report on his/her efforts to the City Council.

d.     A person shall be qualified to be a Noise Control Officer if the person has satisfactorily completed any of the following:

1.     "Community NoiseA Short Course" offered by the Department of Environmental Science of Cook College, Rutgers, the State University; or

2.     A program of tutoring and on-the-job training offered by the New Jersey Department of Environmental Protection, Office of Noise Control to its employees; or

3.     Education or experience or a combination thereof certified by the above Department as equivalent to the provisions of subparagraphs 1. or 2. of paragraph d. of this subsection.

e.     Noise measurements made by Noise Control Officers shall be taken according to procedures specified by N.J.A.C. 7:29B, except as provided in subsection 4-16.5, paragraph b.

        (Ord. #85-16. A III)

 

4-16.4    Duties and Responsibilities of Other Departments.

a.     All departments and agencies of the City of Ocean City, shall carry out their programs according to law and shall cooperate with the Noise Control Administrator in the implementation and enforcement of this section.

b.     All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the Noise Control Administrator prior to the approval of such projects to insure that such activities comply with the provisions of this section.

        (Ord. #85-17, A IV)

 

4-16.5    Maximum Permissible Sound Levels.

a.     No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table I when measured at or within the real property line of the receiving property except as provided in paragraph b. of this subsection.

b.     When measuring noise within a dwelling unit of a multi-dwelling-unit building, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room.

c.     The following are exempt from the sound level limits of Table I:

1.     Noise from domestic power tools, lawn mowers, and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal holidays, provided they produce less than 85 dBA at or within any real property line of a residential property;

2.     The provisions of this section shall not apply to any sound from a church bell(s) and/or a church chime(s), recorded or live, when part of a religious observance or service; or when occurring during the hours of 8:00 a.m. to 8:00 p.m. daily provided that the sound does not exceed the permitted levels set forth in N.J.A.C. 7:29-1.2.

3.     Noise from construction activity provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in subsection 14-16.6.

4.     Noise from snowblowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal.

5.     Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29.

6.     Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activated.

        (Ord. #85-17, A V; Ord. #90-17, § 1; Ord. #06-14, § 2)

 

Click here to view table

 

4-16.6    Prohibited Acts.

a.     No person shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance. An act shall be prima facie evidence of a violation of this subsection if it is plainly audible at a distance of fifty (50) feet from the place where it emanates. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this subsection.

b.     No person shall cause, suffer, allow or permit the following acts:

1.     Sound Reproduction Systems. The playing, using, operating or permitting the playing, using or operation of any radio, television, phonograph, stereo set or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for the convenient hearing for the person or persons who are in the room, vehicle or chamber in which said machine is located or operated, is hereby prohibited. An act shall be prima facie evidence of a violation of this subsection if it is plainly audible at a distance of fifty (50) feet from the building, structure, vehicle or device in which it is located.

2.     Loudspeakers and Public Address Systems. The using or operating of any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. in the following day, such that the sound therefrom creates a noise disturbance across a residential real property line.

3.     Animals and Birds. Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line (for the purpose of this section, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for ten (10) minutes or intermittently for thirty (30) minutes unless provoked).

4.     Loading and Unloading. No person shall cause, suffer, allow or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form to create a sound level that exceeds the particular sound limit set forth in Table 1 when measured at or within the real property line of the receiving property, except by permit.

5.     Refuse Collection. No person shall cause, suffer, allow or permit the loading, unloading, opening, closing or other handling of garbage cans, refuse or similar objects or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal except as follows:

(a)     Between the hours of 6:00 a.m. and 10:00 p.m. in those shaded areas set forth on Schedule A attached hereto.* (Bound on the North by 6th Street; on the East by the Boardwalk; on the West by West Avenue from 6th Street to 10th Street inclusive and Ocean Avenue from 10th Street to 14th Street inclusive; on the South by 10th Street from West Avenue to Ocean Avenue and 14th Street from Ocean Avenue to the Boardwalk inclusive.)

(b)     Between the hours of 7:00 a.m. and 10:00 p.m. in all areas other than those set forth in subparagraph (a) above.

6.     Municipal Service. The City of Ocean City shall not cause, suffer, allow or permit the operation of machinery or vehicles for the purpose of cleaning the streets of the City of Ocean City except as follows:

(a)     Between the hours of 6:00 am. and 10:00 p.m. the following day, in those shaded areas as set forth on Schedule A attached hereto.*

         (Bound on the North by 6th Street; on the East by the Boardwalk; on the West by West Avenue from 6th Street to 10th Street inclusive and Ocean Avenue from 10th Street to 14th Street inclusive; on the South by 10th Street from West Avenue to Ocean Avenue inclusive and 14th Street from Ocean Avenue to the Boardwalk inclusive.)

(b)     Between the hours of 7:00 a.m. and 10:00 p.m. in all areas other than those set forth in subparagraph (a) above.

7.     Beach Cleaning. The City shall not cause, suffer, allow or permit the operation of machinery and vehicles for the purpose of cleaning the beaches of Ocean City before 6:00 a.m.

8.     Standing Motor Vehicles. Operating or permitting operation of any motor vehicle whose manufacturers gross weight is in excess of ten thousand (10,000) pounds or any auxiliary equipment attached to such vehicle, for a period of longer than five (5) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within one hundred fifty (150') feet (forty-six (46) meters) of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day. Notwithstanding these provisions, a diesel powered motor vehicle may be permitted to idle as follows:

(a)     A diesel powered motor vehicle may idle for thirty (30) consecutive minutes at the vehicle operator's place of business where the motor vehicle is permanently assigned; or

(b)     A diesel powered motor vehicle may idle for fifteen (15) consecutive minutes when the vehicle engine has been stopped for three (3) or more hours.

9.     Construction, Demolition and Landscaping.

(a)     Operating and permitting the operation of any tool or equipment used in exterior construction, drilling, earth moving, excavating, pile driving and demolition between the hours of 6:00 p.m. and 8:00 a.m., Monday through Friday, inclusive, and 5:00 p.m. to 8:00 a.m. on Saturday and any legal holiday, except for emergency work which may be permitted with the prior approval of the Mayor or his designee.

(1)     Construction projects being undertaken by the City of Ocean City for improvements, additions, alterations, or construction to public buildings, improvements or property shall be permitted between the hours of 7:00 a.m. to 5:00 p.m. from Monday through Friday inclusive and 8:00 a.m. to 5:00 p.m. on Saturdays and legal holidays.

(b)     Operating or permitting the operation of any landscaping equipment between the hours of 8:00 p.m. and 8:00 a.m., Monday through Saturday and legal holidays.

(c)      Exemption for Construction of Ocean City High School. The construction of the new Ocean City High School on Atlantic Avenue between Fifth and Sixth Street is hereby exempt from the provisions of subsection 4-16.6b,9(a). Construction at the site shall be between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. All employees working at the site and their supervisors and employers shall use their best efforts to reduce all noise from the operation of equipment and machinery between the hours of 7:00 a.m. and 8:00 a.m. Monday through Friday.*

         (Ord. #85-17, A VI; Ord. #86-14, § 1; Ord. #90-17, § 2; Ord. #91-1, § 1; Ord. #00-30, § 1; Ord. #03-21, § 2; Ord. #03-32, § 1)

 

4-16.7    Exceptions.

a.     The provisions of this section shall not apply to:

1.     The emission of sound for the purposes of alerting persons to the existence of an emergency except as provided in subsection 4-15.2 e. or f; or

2.     The emission of sound in the performance of emergency work; or

3.     The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act.

4.     The operation and use of machinery, equipment and vehicles to clean the boardwalk in the City of Ocean City.

b.     Noise from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this section.

        (Ord. #85-17, A VII; Ord. #90-17, § 3)

 

4-16.8    Conditions for Variance.

a.     Application for Variance Application.

1.     Any person who owns or operates any stationary noise source may apply to the Noise Control Administrator for a variance from one or more of the provisions of this section. Applications for a permit of variance shall supply information including, but not limited to:

(a)     The nature and location of the noise source for which such application is made;

(b)     The reason for which the permit of variance is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit of variance is not granted;

(c)      The nature and intensity of noise that will occur during the period of the variance;

(d)     The section or sections of this ordinance for which the permit of variance shall apply;

(e)     A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom;

(f)      A specific schedule of the noise control measures which shall be taken to bring the source into compliance with this ordinance within a reasonable time;

2.     Failure to supply the information required by the Noise Control Administrator shall be cause for rejection of the application.

3.     The Noise Control Administrator shall conduct a public hearing on any variance application. Public notice of the hearing on an application for variance shall be given by publication in the official newspaper of the municipality at least ten (10) days prior to the hearing.

(a)     Notice of the public hearing shall also be given to the owners of all real property as shown on the current tax map of the City of Ocean City, within two hundred (200') feet in all directions of the property which is the subject of the hearing, provided that this requirement shall be deemed satisfied by notice to the (1) Condominium Association, in a case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof as shown on the official tax map of the City of Ocean City, upon the owner or his agent in charge of the property; or (2) mailing a copy thereof by certified mail to the property owner at his address shown on the official tax map of the City of Ocean City.

            Notice to a partnership may be made by service upon a partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or law to accept service on behalf of the corporation.

(b)     Upon the written request of an applicant, the Noise Control Administrator shall, within seven (7) days make and certify a list from the current tax map of the City of Ocean City of the names and addresses of owners to whom the applicant is required to give notice pursuant to subparagraph (a) of paragraph a.3 of this subsection. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed ten ($10.00) dollars may be charge for such list.

(c)      The applicant shall file an Affidavit of Proof of Service with the Noise Control Administrator holding the hearing on the application for variance to give notice outlined in subparagraphs (a) and (b) above, of paragraph a.3. of this subsection.

4.     A copy of the permit of variance must be kept on file by the Municipal Clerk for public inspection.

b.     Fee for Processing Variance Application. The Noise Control Administrator may charge the applicant a fee of fifty ($50.00) dollars to cover expenses resulting from the processing of the permit of variance application.

c.     Limit of Duration of Variance. The Noise Control Administrator may, at his/her discretion, limit the duration of the permit of variance, which shall be no longer than one year. Any person holding a permit of variance and requesting an extension of time shall apply for a new permit of variance under the provisions of this section.

d.     Considerations in Making the Determination to Grant. In making the determination of granting a variance, the Noise Control Administrator shall consider:

1.     The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property which is caused or threatened to be caused.

2.     The social and economic value of the activity for which the variance is sought.

3.     The ability of the applicant to apply best practical noise control measures.

e.     Revocation of Variance by Noise Control Administrator. The permit of variance may be revoked by the Noise Control Administrator if the terms of the permit of variance are violated.

f.      Causes of Revocation. A variance may be revoked by the Noise Control Administrator if there is:

1.     Violation of one or more conditions of the variance;

2.     Material misrepresentation of fact in the variance application; or

3.     Material change in any of the circumstances relied upon by the Noise Control Administrator in granting the variance.

        (Ord. #85-17, A VIII)

 

4-16.9    Enforcement.

a.     Issuance of Summons. Violation of any provision of this section shall be cause for a summons to be issued by the Noise Control Officer.

b.     Abatement Orders.

1.     Except as provided in paragraph b.2, in lieu of issuing a summons as provided in paragraph a. of this subsection, the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.

2.     An abatement order shall not be issued (1) if any person willfully or knowingly violates any provision of this section, or (2) if the Noise Control Officer has reason to believe that there will not be compliance with the abatement order.

c.     Penalties.

1.     Any person who violates any provision of this section shall be subject to a penalty as stated in Chapter I, Section 1-6.

2.     If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.

d.     Other Remedies. No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this section or from other law.

        (Ord. #85-17, A IX)

 

 

4-17   NUISANCE CODE.

 

4-17.1    Definitions.

   For purposes of this section, the following terms, phrases and words shall have the following meanings.

Enforcement Officials shall mean the Health Officer of Ocean City, appropriate representatives of the Construction Code Department, and appropriate representatives of the Ocean City Police Department.

Garbage shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Litter shall mean garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

Public Place shall mean any and all streets, sidewalks boulevards, alleys, beaches or other public ways, and any and all public parks, squares, spaces, docks, grounds and buildings.

Refuse shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

Rubbish shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

(Ord. #85-19, § 1)

 

4-17.2    Nuisances Defined and Prohibited.

a.     Nuisances Defined. The following matters, things, conditions or acts of each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this City:

1.     Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this City.

2.     Any matter, thing, condition or act which is or may become an annoyance, or interfere with the comfort or general well being of the inhabitants of this City.

3.     Pollution, or existence of a condition or conditions which cause or threaten pollution of any waters in this municipality in such manner as to cause or threaten injury to any of the inhabitants of this City, either in their health, comfort or property.

4.     The escape into the open air from any stack, vent, chimney or any entrance to the open air, or from        any fire into the open air of such quantities of smoke, fly ash dust, fumes, vapors, mists or gases as to cause injury, detriment or annoyance to the inhabitants of this City or endanger their comfort, repose, health or safety.

5.     The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.

6.     The growth, existence or presence of poison ivy within twenty (20') feet of any property line.

7.     The existence or presence of any water or other liquid in which mosquito larvae breed or exist.

8.     The existence or presence of any accumulation of garbage, refuse, manure, or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae or pupae breed or exist.

9.     Depositing, accumulating, or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.

10.   Any accumulation of trash, garbage, debris, pa-per, receptacles, boxes, crates or other items that may be considered waste or a health hazard which have been discarded but remain upon the outside of the property or inside of the property including any common area or way such as a hallway, entrance, exit and the like to a building or structure be it in the principal or accessory building or structure.

11.   Maintaining or causing the maintenance or existence of any offensive matter, foul or noxious odors, gases, or vapors, or any cause of disease or other injury to the health of the inhabitants of the City.

12.   Except for properties licensed to provide auto-motive services, the existence of an unregistered and/or uninspected motor vehicle or motor vehicles parked, kept or stored on any property in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.

b.     Nuisances Prohibited. It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.

        (Ord. #85-19, § 2; Ord. #96-2, § 1)

 

4-17.3    Trash and Litter Prohibited.

a.     Litter in Public Places. No person shall sweep, throw, deposit or dump litter in or upon any occupied, open or vacant property whether owned by such person or not or in or upon street, sidewalk, park or other public place, or any pond, lake or stream or the body of water within the City, except in public receptacles.

b.     Sweeping Litter into Gutters Prohibited. No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

c.     Litter Thrown by Persons in Vehicles. No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the City or upon private property.

d.     Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or de-posited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

e.     Materials Blocking Storm Drains Prohibited. No person shall place or cause to be placed in any public gutter or storm drain, swale drainage ditch or other drainage way, any material of any form, type or nature, the placement of which would alter, impede, block or otherwise detrimentally affect the rate of flow of water through said drainage way. This includes vegetative waste such as grass clippings and leaves as well as litter and larger items. This section shall not prohibit the temporary placement or construction of silt traps, approved by the Construction Code Official, in conjunction with the issuance of a pile driving permit as provided in Chapter 12, Section 8.

        (Ord. #85-19, § 3; Ord. #94-26, § 1)

 

4-17.4    Proper Heating of Apartments.

   It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied or occupied as a residence by more than two (2) families to fail to supply heat from October 1 in each year to May 1 of the succeeding year in such manner that the temperature of the building where one or more persons reside shall always be kept at sixty-eight (68°) degrees Fahrenheit or above between the hours of 6:00 a.m. and 10:00 p.m. (Ord. #85-19, § 4)

 

4-17.5    Prohibited Lease or Rental of Certain Buildings.

a.     It shall be unlawful for any person to rent, lease or otherwise permit the occupancy of any building as a residence, or for any person to reside in any building as its owner which:

1.     Is not adequately and properly ventilated, or

2.     Fails to provide potable water at sufficient pres-sure and quantity for each family unit from a public supply approved by the State Department of Health or a private supply approved by the Enforcement Official, or

3.     Does not have plumbing fixtures consisting of a kitchen sink, bathtub or shower, lavatory and flush toilet, connected to the potable water supply, or

4.     Does not have facilities for the discharge of all household liquid wastes into a public sewerage system approved by the State Department of Health, or into a private sewerage system approved by the Enforcing Official.

        (Ord. #85-19, § 5)

 

4-17.6    Spitting Prohibited.

   It shall be unlawful for any person to spit upon any public sidewalk or upon any part of the interior or exterior of any public building or public conveyance. (Ord. #85-19, § 6)

 

4-17.7    Inspection of Premises.

a.     All places and premises in this City shall be subject to inspection by the Enforcing Official if there is reason to believe that any subsection of this section is being violated.

b.     It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Enforcing Official from having full access to any place or premises upon which a violation of this section is believed to exist.

        (Ord. #85-19, § 7)

 

4-17.8    Abatement of Nuisance.

a.     Whenever a nuisance as declared by subsections 4-17.2 or 4-17.3 is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein but not less than five (5) days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.

           If the owner resides out of the State or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof, or posted on the premises and such action shall be considered proper notification to the owner, tenant or occupant thereof.

b.     Whenever a nuisance as declared by subsections 4-17.2 or 4-17.3 is found on any public property or on any highway or any public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Enforcing Official may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.

c.     If the owner, tenant or occupant upon being notified as provided by this subsection shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Enforcing Official shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as said Enforcing Official shall deem proper.

        (Ord. #85-19, § 8)

 

4-17.9    Recovery of Costs by the Enforcing Official.

   The Enforcing Official may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by subsections 4-17.2 or 4-17.3 from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant, or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice. (Ord. #85-19, § 9)

 

4-17.10  Construction Debris and Material.

   It shall be unlawful for any contractor, builder, or other person performing any construction upon any property in the City of Ocean City to permit any construction debris material to remain on the property or any adjoining property unless such debris is contained within a crate, box or similar device approved by the Enforcing Official. The box or device shall be large enough to contain all construction material and debris, and shall be removed and emptied at regular intervals by the contractor, builder or other person performing the construction work so as not to allow it to remain on the premises for unreasonable periods of time.

   To warn the operators of vehicles of the presence of a traffic hazard requiring the exercise of unusual care, any box, device, roll-off dumpster, or roll-off container, parked on or along any street within the City of Ocean City, shall be equipped with and display markers consisting of all yellow reflective diamond-shaped panels having a minimum size of eighteen inches by eighteen (18" x 18") inches. These panels shall be mounted at the edge of the box or device at both ends nearest the path of passing vehicles and facing the direction of oncoming traffic. These markers shall have a minimum mounting height of three (3') feet from the bottom of the panels to the surface of the roadway. (Ord. #85-19, § 10; Ord. #03-16, § 1)

 

4-17.11  Fines and Penalties.

a.     Any person, firm or corporation who shall violate any of the provisions of this section shall upon conviction, be punished by a fine of not to exceed five hundred ($500.00) dollars or by imprisonment in the County jail for a period of not to exceed ninety (90) days, or by both such fine and imprisonment, and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense. In addition to these offenses, any person who violates any provision of this section shall upon conviction also be responsible for the cost of cleanup associated with said violation.

b.     Any person, firm or corporation who assists the City of Ocean City in obtaining a conviction against anyone who violates this section, for illegal dumping, as defined herein, shall be eligible for a reward of two hundred fifty ($250.00) dollars. Said reward shall be given in the absolute discretion of the City.

        (Ord. #85-19, § 11; New; Ord. #88-39, § 1)

 

 

4-18   OCEAN CITY-SOMERS POINT BRIDGE BOULEVARD.

 

4-18.1    Loitering Prohibited.

   It shall be unlawful for any person to loiter or remain on any part of the highway, bridge or bridges or right-of-way of the Ocean City-Somers Point Bridge Boulevard, within the territorial jurisdiction of the City. (Ord. #624, § 1)

 

4-18.2    Fishing and Selling Prohibited.

   Fishing, crabbing, selling or offering for sale any foodstuffs, merchandise, or anything whatsoever, or any like act or acts on the Ocean City/Somers Point Boulevard, the Ocean City/Longport Bridge, the 34th Street Bridge or the Rush Chattin Bridge (except those portions adjacent to the bridge, specifically constructed for fishing); provided that nothing shall prevent or intend to make unlawful the free passage of pedestrians across these bridges or boulevards. (Ord. #624, § 2; Ord. #94-07, § 1)

 

4-18.3    Parking Prohibited.

   The use of the Bridge Boulevard and the roads and bridges constituting the same are limited in use to the extent that motor vehicles shall not at any time park on any part of the bridges or paved portion of the Boulevard. (Ord. #624, § 3)

 

4-18.4    Peddling Prohibited.

   It shall be unlawful for any person, either in conjunction with the use of a motor vehicle or otherwise, to park, loiter or remain on, along or adjacent to the Bridge Boulevard for the purpose of selling or offering for sale any foodstuffs, goods, wares, merchandise or anything whatsoever. (Ord. #624, § 4)

 

4-18.5    Rules and Regulations.

   Any other regulatory matters, rules or regulations as such are now provided by the laws of the State of New Jersey shall also be enforced. (Ord. #624, § 5)

 

 

4-19  PARENTAL RESPONSIBILITY FOR CHILDREN UNDER FIFTEEN YEARS OF AGE.

 

4-19.1    Preamble.

   It is deemed essential for the preservation of the public peace and order to adopt a local ordinance defining parental responsibility for children fifteen (15) years of age and under; and to prescribe the penalties for violations of the section. (Ord. #1124, Preamble)

 

4-19.2    Parental Responsibility.

It shall be unlawful for any parent, legal guardian or other person having the care or custody of a child of fifteen (15) years of age or under, by any act or failure to act, or by lack of supervision and control over the child, to encourage, contribute toward, cause or tend to cause the child to become so neglected or delinquent that the activities of this child within the City of Ocean City constitute juvenile delinquency as defined by Title 2A, Chapter 4, Section 14 of the New Jersey Statutes; the provisions of which defining "juvenile delinquency" read as set forth in subsection 4-19.3. (Ord. #1124, § 1)

 

4-19.3    Juvenile Delinquency Defined.

Juvenile delinquency is defined by the New Jersey Statutes as the commission by a child under eighteen (18) years of age:

a.     Of any act which when committed by a person of the age of eighteen (18) years or over would constitute:

1.     A felony, high misdemeanor, misdemeanor, or other offense, or

2.     The violation of any penal law or municipal ordinance, or

3.     Any act or offense for which he could be prosecuted in the method partaking of the nature of a criminal action or proceeding, or

4.     Being a disorderly person, or two (2) of the following acts:

5.     Habitual vagrancy, or

6.     Incorrigibility, or

7.     Immorality, or

8.     Knowingly associating with thieves or vicious or immoral persons, or

9.     Growing up in idleness or delinquency, or

10.   Knowingly visiting gambling places, or patronizing other places or establishments, his admission to which constitutes a violation of law, or

11.   Idly roaming the streets at night, or

12.   Habitual truancy from school, or

13.   Deportment endangering the morals, health or general welfare of the child.

             But the commission of an act which constitutes a violation of the provisions of Chapter 3 or 4 of Title 39, Motor Vehicles, of the Revised Statutes, or of any amendment or supplement thereof, by any child who is the holder of a valid license to operate a motor vehicle under the laws of this or any other State shall not constitute juvenile delinquency as defined in this section.

        (Ord. #1124, § 2)

 

4-19.4    Violations.

a.     Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-6.

b.     The hearing before the Municipal Judge on any alleged violation of this section shall be in all respects as nonpublic and as similar as possible to proceedings in juvenile courts.

        (Ord. #1124, §§ 3, 4)

 

 

4-20  PEOPLE POWERED VEHICLES ON BOARDWALKS AND PUBLIC PLACES.

   The use of three (3) wheeled vehicles known as PPV's (People Powered Vehicles) and similar vehicles containing a low-slung aircraft type three (3) wheel stance is hereby prohibited on the boardwalk, the approaches to the boardwalk, or any other public right-of-way or public ground, in the City. (Ord. #1015, § 1; Ord. #1130, § 1)

 

 

4-21  RENTALS OF ROOMS OR LIVING ACCOMMODATIONS TO MINORS OR GROUPS.

 

4-21.1    Rental to Minors; Requirements.

a.     No room or other living accommodation in any rooming house, boarding house, guest house, hotel or motel in the City may be rented to, by or for the use of any person or group of persons unless an adult person who is either the owner or agent of the owner is physically present on the premises at all times, day and night, during the period of rental.

b.     Any application for a mercantile license to operate a rooming house, boarding house, guest house, hotel or motel shall contain the statement that it is understood that it is a condition of this license that an adult person who is either the owner or agent of the owner will be physically present on the premises at all times, day and night, and will assume responsibility for promptly reporting any violation of the ordinances of the City, or any other laws which the adult person knows or has reason to know occurred on the premises to the Police Department.

c.     Any mercantile license issued for the operation of any rooming house, boarding house, guest house, hotel or motel may be suspended or revoked by the City Council after due notice and opportunity to be heard upon proof that:

1.     An adult person, being either the owner or the agent of the owner of the rooming house, boarding house, guest house, hotel or motel was not physically present on the premises at all times during the period of rental of rooms and other living accommodations; or

2.     This adult person failed to report promptly to the Police Department any violation of the ordinances of the City or any other laws which this adult person knew or had reason to know occurred on the premises.

        (Ord. #972, §§ 13)

 

4-21.2    Mercantile License Required.

   It shall be unlawful to participate as the renter of any room or living accommodation in any rooming house, boarding house, guest house, hotel or motel in the City unless the operation of this rooming house, boarding house, guest house, hotel or motel is permitted by a valid outstanding mercantile license. (Ord. #972, § 4)

 

4-21.3    Renting to Persons Unrelated by Blood or Marriage.

a.     No apartment or dwelling in the City may be rented to, by, or for the use of any group of persons if there are more than three (3) persons in the group not related by blood or marriage, except as hereinafter provided in this subsection:

1.     If any apartment or dwelling is rented by the owner or agent of the owner and the owner or agent knows or has reason to know that the apartment or dwelling will be occupied by a group of persons containing more than three (3) persons not related by blood or marriage, the owner or agent must register the apartment or dwelling with the City Clerk, in person or by mail, within twenty-four (24) hours after the apartment or dwelling is so rented. If the owner or agent does not know or have reason to know at the time of rental that the apartment or dwelling will be so occupied but later obtains information which gives him knowledge or reason to know that such is the case, the owner or agent of the owner must register the apartment or dwelling with the City Clerk, in person or by mail, within twenty-four (24) hours after receipt of this information.

2.     At the time of registration the owner or agent shall furnish the following information to the City Clerk, in writing:

(a)     The name and address of the owner of the apartment or dwelling.

(b)     The name and address of the agent of the owner, if any, who rented the apartment or dwelling.

(c)      The number of persons to occupy the apartment or dwelling as tenants and their names and addresses.

(d)     The name and address of an adult member of the group to whom the apartment or dwelling was rented, if any, who will be physically present in the apartment or dwelling each and every day during the period of rental.

b.     Organizations of persons known as sororities, fraternities or other such groups, consisting of a member or members under the age of twenty-one (21) years, shall not occupy, dwell, reside, sleep or otherwise stay in any dwelling, residence or premises unless there shall be present at all times a person over the age of twenty-one (21) years who shall be in charge of, control and be responsible for these other persons. The person claiming to be in charge and control of these persons shall register at the Police Department his name and the names of all other persons in the group, together with the addresses of all persons and the place or places to be used or occupied.

c.     If there is no such adult member, the name and address of an adult person, being either the owner or agent of the owner, who will visit the apartment or dwelling at least twice each day during the period of rental and at any time as required by the Police Department.

           The above information shall be accompanied by a written statement that the adult person named above will assume responsibility for promptly reporting any violation of the ordinances of the City or any other laws, which adult person knows, or has reason to know, occurred on the premises, to the Police Department.

           The above registration shall be executed under oath by the owner or agent of the owner and shall be accompanied by a registration fee as listed in Chapter XXX, Schedule B of the Revised General Ordinances.

d.     Upon receipt of the written registration and fee the Clerk shall issue to the owner or agent a certificate stating that the apartment or dwelling has been duly registered and may be occupied under the conditions set forth in this subsection. The registration certificate shall not authorize the renting of rooms in an apartment or dwelling. A copy of the registration, together with a copy of this subsection shall be posted during the period of rental in the apartment or dwelling which has been rented.

e.     Any certificate of registration issued by the Clerk pursuant to the provisions of subsection 4-21.3 may be suspended or revoked by the City Council, after due notice and opportunity to be heard, upon proof that:

1.     The adult person named above, if any, was not physically present on the premises during each day of rental; or this adult person did not visit the premises at least twice during each day of rental and at any time requested by the Police Department; or

2.     The aforementioned adult person failed to report promptly to the Police Department any violation of the ordinances of the City or other laws which said adult person knew, or had reason to know, occurred on the premises.

f.      It shall be unlawful for any owner or agent of the owner to permit any person to occupy any apartment or dwelling which is required to be registered pursuant to the provisions of this subsection unless there is a valid outstanding certificate of registration with respect to the apartment or dwelling issued under this subsection.

        (Code 1972, 5-10.3)

 

 

4-22  ROLLER SKATES AND SKATEBOARDS ON STREETS.

 

4-22.1    Use Prohibited.

   No person shall be permitted to operate or use roller skates or skateboards at any time upon any street or alley located within the City. (Ord. #19-81, § 1)

 

4-22.2    Definition.

   For purposes of this section the boardwalk and all ramps leading thereto shall be considered a street. (Ord. #19-81, § 2)

 

4-22.3    Hours of Use.

   No person shall be permitted to operate or use roller skates or skateboards upon any private property within the City of Ocean City before 8:00 a.m. or after 6:00 p.m. of any day. (Ord. #88-30, § 1)

 

 

4-23  SALE OF PARAPHERNALIA RELATING TO DRUG USE PROHIBITED.

 

4-23.1    Advertising, Display or Sale Prohibited.

   Except as otherwise provided by subsection 4-23.2, no person shall advertise, display, sell, or offer to sell, any spoon, pipe, testing kit, rolling paper, mirror, scale, or other paraphernalia or appliances designed for, and primarily used for or intended to be primarily used for smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish, or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et seq. (Ord. #19-79, § 1)

 

4-23.2    Exemption.

   Any person registered with the State Health Commissioner or referred to in N.J.S.A. 24:21-10 (c) shall be exempt from this section. (Ord. #19-79, § 2)

 

4-24    ROLLING CHAIRS.

   No person shall be permitted to operate or use a rolling chair upon any street, alley or boardwalk located within the City.  For the purposes of this section, a rolling chair is a chair adapted for recreational use and propelled by an attendant. (Ord. #14-22)

 

4-25  SIDEWALK SALES RESTRICTED.

   No person shall keep, deposit, display or offer for sale his merchandise upon the streets, boardwalks, highways or sidewalks so as to obstruct the free and uninterrupted passage of persons over and along the full width of these streets and sidewalks. (Ord. #190, § 1)

 

4-26  SOLICITATION OF ITEMS TO BUY; PERMIT REQUIRED.

   The solicitation of items to purchase, such as papers, metals or other articles is prohibited, unless a permit in writing is is-sued by the Mayor or Chief Executive Officer. (Ord. #789, § 2)

 

4-27  SOLICITING FUNDS OR PEDDLING ON SUNDAY.**

   The use of the public streets and sidewalks in the City for the solicitation of funds or the intended sale of any goods, merchandise or articles is prohibited on Sunday; and these acts, under any circumstances, are prohibited on Sunday. (Ord. #789, § 2)

 

 

4-28  SUNDAY CLOSING REGULATIONS.

 

4-28.1    Reserved.

   (Repealed by Ord. No. 86-25.)

 

4-28.2    Reserved.

   (Repealed by Ord. No. 86-25.)

 

4-28.3    Reserved.

   (Repealed by Ord. No. 86-25.)

 

4-28.4    Reserved.

   (Repealed by Ord. No. 86-25.)

 

4-28.5    Reserved.

   (Repealed by Ord. No. 86-25.)

 

4-28.6    Construction Work.

   The performance of any construction work on Sunday is prohibited except in cases of an emergency when the Mayor or Chief Executive Officer may issue a permit in writing permitting it. (Ord. #789, § 2)

 

4-28.7    Business Not Otherwise Permitted.

   It shall be unlawful on Sunday for any person to engage in any worldly employment or business, or to keep open his shop, warehouse, workhouse or any commercial establishment or place of business not permitted by any other subsection of this section. (Ord. #789, § 6)

 

4-28.8    Wholesale Deliveries.

   The wholesale delivery of any goods or merchandise by trucks or otherwise on Sunday is prohibited except in cases where the same is permitted by written permit issued by the Mayor or Chief Executive Officer. (Ord. #789, § 2)

 

4-28.9    Reserved.

   (Repealed by Ord. No. 86-25.)

 

4-28.10  Reserved.

   (Repealed by Ord. No. 86-25.)

 

4-28.11  Reserved.

   (Repealed by Ord. No. 86-25.)

 

 

4-29  WILDLIFE SANCTUARY ON COWPEN'S ISLAND.

 

4-29.1    Dedication of Land.

   All that parcel of land situate in the City of Ocean City, County of Cape May, State of New Jersey, known as,

   Cowpen's Island, said island being located southwesterly of the Ocean City-Somers Point Causeway (New Jersey Route 52) and between extended center lines of 9th Street and 14th Street, bounded on the southeast by Beach Thorofare; on the northeast by Little Finger Channel; on the northwest by an unnamed channel and on the southwest by Pecks Bay,

   Said island being as further shown on a plan of Joseph F. Hyland, Municipal Engineer, dated January 5, 1976, scale 1 inch equals 600 feet and titled "Dedication of Cowpen's Island" and comprising an area of 80 acres more or less (said plan or map being attached hereto and being hereby incorporated by reference),

   Be and the same hereby is dedicated in perpetuity as a wildlife sanctuary.

(Ord. #1142, § 1)

 

4-29.2    Purpose.

   The aforesaid dedication is for the purpose of providing a wildlife sanctuary as well as for the purpose of providing certain controlled recreational opportunities for the citizens of Ocean City and visitors to the City. (Ord. #1142, § 2)

 

4-29.3    Permission Required for Use of Island.

   No person shall be permitted to trespass upon, walk upon, erect structures upon or otherwise be upon the premises known as Cowpen's Island without the express written permission of the governing body of the City which permission may be granted by resolution of the City Council. (Ord. #1142, § 3)

 

 

4-30  DRUG-FREE ZONES.

 

4-30.1    Drug-Free Zone Map Adopted.

   In accordance with and pursuant to authority of L. 1988, c. 44 (C. 2C:35-7), the drug-free zone map produced on or about October 26, 1987, revised June, 1998 by Walker, Previti, Holmes and Associates, P.E., Municipal Engineers for the City of Ocean City, is hereby approved and adopted as the official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and the areas within one thousand (1,000') feet of such property; together with property within five hundred (500') feet of real property comprising a public housing facility, a public park or a public building. (Ord. #88-36, § 1; Ord. #98-12, § 2)

 

4-30.2    Location and Boundaries of School Property.

            The drug-free school zone map approved and adopted pursuant to subsection 4-30.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000') feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones. (Ord. #88-36, § 2)

 

4-30.2.1    Location and Boundary of Public Housing Facilities, Public Parks and Public Buildings.

   The drug-free zone map approved and adopted pursuant to subsection 4-30.1 of this section shall continue to constitute an official finding and record as to the location and boundary of areas on or within five hundred (500') feet of the real property comprising a public housing facility, a public park, or a public building. (Ord. #98-12, § 3)

 

4-30.3    Notification of Changes in Locations or Boundaries.

   The School Board, or the Chief Administrative Officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer for Ocean City and the Municipal Solicitor for Ocean City of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes. (Ord. #88-36, § 3)

 

4-30.4    Copies of Map on File.

   The Clerk of the Municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 4-30.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Cape May County Prosecutor. (Ord. #88-36, § 4)

 

4-30.5    Map To Be Used as Evidence.

   The following additional matters are hereby determined, declared, recited and stated:

a.     It is understood that the map approved and adopted pursuant to subsection 4-30.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:

1.     The location of elementary and secondary schools within the municipality;

2.     The boundaries of the real property which is owned by or leased to such schools or a school board;

3.     That such school property is and continues to be used for school purposes;

4.     The location and boundaries of areas which are on or within one thousand (1,000') feet of such school property; and

5.     The location and boundaries of real property within five hundred (500') feet of a public housing facility, a public park, or a public building.

b.     Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (C. 2C:35-7).

c.     Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 4-30.1 of this section. The failure of the map approved herein to depict the location and boundary of any property set forth therein which is, in fact, used for school purposes and which is owned or leased to any elementary or secondary school or school board, or which is a public housing facility, public park or a public building, is the result of inadvertent omission or the result of changes in the location and boundaries of such property and which have not yet been incorporated into the revised approved map, and shall not be deemed to be an official finding and record that such property is not used for school purposes or that such property is not a public housing facility, a public park or building.

d.     All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.

        (Ord. #88-36, § 5; Ord. #98-12, § 4)

 

 

4-31  GRAFFITI PROHIBITED ON PUBLIC AND PRIVATE PROPERTY.

 

4-31.1    Purpose.

   The use of broad-tipped pens, paint spray cans, pencils, pens, crayons or other marking devices to write graffiti, verbal or otherwise, on the walls or other available spaces on public or private buildings, vehicles, areas or facilities, cause a serious defacement of such buildings, vehicles and areas, public and private and contributes to the deterioration of property values, as well as offending the public's right, public and private, not to have unsightly and unlawful graffiti on, with defacement of, public and private property, and it constitutes a deleterious practice contrary to the public health and welfare. In addition, such contempt for the property rights of private citizens, as well as public facilities, contributes to the erosion of law and order and contributes to the deterioration and quality of life of the community and must be opposed and punished. (Ord. #89-20, § 1)

 

4-31.2    Use of Graffiti Prohibited.

   No person shall write, print or place, with ink, paint, chalk or other substances, graffiti on the real or personal property of another, whether said personal or real property be publicly or privately owned, unless the owner of said property shall have, prior to the writing, printing or placing of graffiti, specifically consented to the same. (Ord. #89-20, § 2)

 

4-31.3    Assisting in or Encouraging Violations.

   It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of eighteen (18) years to assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this section, as defined herein, either by words, overt act, by failing to act, or by lack of supervision and control over said minor. (Ord. #89-20, § 3)

 

4-31.4    Minors in Violation; Parent Subject to Penalties.

   Any minor child under the age of eighteen (18) years apprehended for violation of this section shall be brought before an appropriate Judge of the Juvenile and Domestic Relations Court, and the parent, legal guardian or other person having care and custody of said minor who may have violated subsection 4-31.3 herein above shall be summoned or arrested and brought before the Judge of the Municipal Court of the City of Ocean City and be subject to the penalty provided herein. (Ord. #89-20, § 4)

 

4-31.5    Violations and Penalties; Exception.

a.     Any person violating any of the provisions of this section shall, upon conviction thereof before the Municipal Court Judge of the City of Ocean City, be sentenced to pay a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment for not more than ninety (90) days in the county jail, or both, in the discretion of said Municipal Court Judge. Additionally, any person who violates this section shall also be responsible for cleaning, repairing, painting or otherwise restoring the property which he has damaged, defaced or vandalized so as to bring the property to the condition it was in prior to its graffitizing.

b.     In the enforcement of this section, all persons, directly or indirectly involved, shall be equally responsible and guilty, not alone the individual who may personally deface the object or area, but others in a group who encourage and participate in such actions, as well as persons who make available the tools, writing material, ladders, lookouts, materials or assistance, or who knowingly supply funds to acquire such materials for such purposes, including parents and friends, shall be equally guilty and liable to punishment under this section.

c.     An exception to this section shall be any minor child under the age of eighteen (18) years who shall, upon conviction be subject to the penalties imposed on him by the Judge of the Cape May County Juvenile Domestic Relations Court.

d.     This section shall not be construed to prohibit easily removable chalk markings on the public sidewalk and street in connection with traditional children's games, such as bases for stickball, handball, hopscotch and the like, nor temporary, easily removed chalk markings in connection with any lawful business or public purpose or activity. (Ord. #89-20, § 5)

 

 

4-32  PARKING OF COMMERCIAL VEHICLES, BOATS AND BOAT TRAILERS.

a.     No vehicle, as defined in N.J.S.A. 39:1-1 et seq., exceeding twenty-two (22') feet in length, or commercial vehicle likewise defined in N.J.S.A. 39:1-1 et seq. weighing more than ten thousand (10,000) pounds PGW shall be permitted to be parked upon any street, alley or right-of-way at any time within the City of Ocean City.

b.     Trailers, and boats and trailers less than twenty-two (22') feet in length may be parked upon any street, alley or public right-of-way provided it does not remain there overnight, for three (3) consecutive evenings. Notwithstanding, no trailer or boat shall be parked on the north side of Tennessee Avenue from the Ocean City municipal boat ramp to Bay Avenue, included, or on the south side of Tennessee Avenue for a distance of six hundred (600') feet measured from the bulkhead at the Ocean City municipal boat ramp toward Bay Avenue, at any time.

c.     The operator or person in possession of the vehicle, commercial vehicle, trailer, or boat and trailer shall be responsible for any violation of this section. The owner of any vehicle, commercial vehicle, trailer, or boat and trailer shall be liable if the operator or person in possession thereof is operating it with the consent or permission of the owner.

d.     Every person convicted of a violation of this section shall be liable for penalty not to exceed five hundred ($500.00) dollars or imprisonment not to exceed ninety (90) days or both.

        (Ord. #84-16, §§ 14; (Ord. #07-21, § 1; Ord. #07-30, § 1)

 

 

4-33  POSTING BONDS FOR CERTAIN SEASONAL RENTALS.

 

4-33.1    Findings/Purpose.

   The residents and visitors to the City of Ocean City have on occasion experienced disturbances, damage and public expense resulting from carelessly granted and inadequately supervised seasonal rentals to irresponsible vacationers by inept or indifferent landlords. To preserve the peace and tranquility of Ocean City for its permanent residents, and to maintain its viability as a vacation spot, not only for citizens of this State, but also for persons and families from far and near, whom the beauties and pleasures of Ocean City have historically attracted, it is necessary and desirable that Ocean City have adequate means to curb and discourage those occasional excesses arising from irresponsible seasonal rentals.

   Accordingly, it is the purpose of this legislation to enable Ocean City to take effective action to assure that excesses, when they occur, shall not be repeated, and that landlords offering seasonal rentals be held to sufficient standards of responsibility. (Ord. #93-29, § 1)

 

4-33.2    Definitions.

   As used in this section, the following definitions shall apply:

Hearing officer shall mean a person designated pursuant to subsection 4-33.5a. to hear and decide proceedings under this section.

Landlord shall mean the person or persons who own or purport to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, including but not limited to any building subject to the "Hotel and Multiple Dwelling Law" P.L. 1967 c. 76 (N.J.S.A. 55:13A-1 et seq.), and owner occupied two (2) unit premises.

Seasonal rental shall mean any rental of residential accommodation for a term of less than one (1) year and including any part of the period from May 15 to September 15.

Substantiated complaint shall mean a complaint which may form the basis for proceedings in accordance with subsection 4-33.3a.

(Ord. #93-29, § 1)

 

4-33.3    Requirements to Post Bonds.

a.     If in any twelve (12) consecutive months, two (2) complaints or more, on separate occasions, of disorderly, indecent, tumultuous or riotous conduct upon or in proximity to any seasonal rental or premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the governing body, or any officer or employee of the municipality designated by the governing body, for the purpose, may institute proceedings to require the landlord of those premises to post a bond against a consequence of future incidents of the same character.

b.     The governing body or person designated pursuant to paragraph a. above, shall cause to be served upon the landlord, in person or by registered mail, return receipt requested, to the address appearing on the tax records of Ocean City, notice advising of the institution of such proceedings, together with particulars of the substantiated complaints upon which the proceedings are based, and of the time and place at which the hearing will be held in the matter, which shall be in the Council Chambers, City Hall, and which shall be no sooner than thirty (30) days from the date upon which the notice is served or mailed.

c.     At the hearing convened to paragraph b. above, the hearing officer shall give full hearing of both the complaint and to any evidence in contradiction or mitigation that the landlord, if present, or represented and offering such evidence, may present. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of the ordinance.

d.     Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in light of the nature and extent of the offenses indicated in the substantiated complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for:

1.     Damages likely to be caused to public or private property and damages consequent upon disruption of affected residents' rights of fair use and quiet possession of their premises;

2.     Securing the payment of fines and penalties likely to be levied for such offenses; and

3.     Compensating the City of Ocean City for the costs of repressing and prosecuting such incidents of disorderly behavior.

           In no such case shall the bond be less than five hundred ($500.00) dollars or more than five thousand ($5,000.00) dollars. In the event a bond is posted, the City shall be entitled to enforce the bond by an action in the Superior Court, and shall further be entitled to seek injunctive relief prohibiting a landlord from making or renewing any lease of the affected premises for residential purposes until the bond or equivalent security, in satisfactory form and amount, has been deposited with the City of Ocean City.

e.     A bond or other security deposit in compliance with paragraph d. of this subsection shall remain in force for a period of not less than two (2) years nor more than four (4) years. Upon the lapse of the specified period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been made under subsection 4-33.5, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer.

        (Ord. #93-29, § 1; Ord. #98-20, § 1)

 

4-33.4    Forfeiture.

a.     If, during the period for which a landlord is required to give security pursuant to subsection 4-33.3 above, a substantiated complaint is recorded against the property in question, the governing body or its designated representative, may institute proceedings against the landlord for any or all of the following relief:

1.     Forfeiture or partial forfeiture of the security;

2.     An extension as provided in subsection 4-33.3e. above for the period for which security is required;

3.     To increase the amount of security required.

b.     Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection 4-33.3d. above. Any decision of the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in subsection 4-33.3d. above and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which the proceedings arise under this section indicate the appropriateness of such change in order to carry out the purposes of this act. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in subsection 4-33.3d. above.

        (Ord. #93-29, § 1)

 

4-33.5    Hearing Officer.

a.     To insure impartiality in the administration of this section, the governing body shall make provisions for the hearings and decisions held and made hereunder to be conducted and decided by a licensed attorney of the State of New Jersey who shall not be an owner or lessee of any real property within the City of Ocean City, nor hold any interest in the assets of the profits arising from the ownership or lease of such property. (Ord. #93-29, § 1)

 

4-33.6    Severability.

   If any portion of this section is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of the section which shall remain in full force and effect. (Ord. #93-29, § 1)

 

4-33.7    Effective Date.

   This section shall take effect in the time and manner prescribed by law. (Ord. #93-29, § 1)

 

4-34  OBSERVANCE OF LAWFUL ORDERS AND DIRECTIONS.

   All order, directions, whistles or other signals used by police officers of the City of Ocean City shall be immediately obeyed by those to whom the orders or directions are issued. (Ord. #94-17, § 1)

 

 

4-35  HANDBILLS.

 

4-35.1    Definitions and Word Usage.

a.     Word Usage. When not inconsistent with the context, words used in the present tense in this section include the future, words used in the plural number include the singular number, and words used in the singular number include plural number. The word "shall", is always mandatory and not merely directory.

b.     Definitions. As used in this section, the following terms shall have the meanings indicated:

        City shall mean the City of Ocean City.

        Commercial Handbill shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:

1.     Advertises for sale any merchandise, product, commodity or thing.

2.     Directs attention for sale any business or mercantile or establishment, or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.

3.     While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

             This definition shall not apply to any circular, leaflet, pamphlet or other printed or reproduced material generated by or on behalf of the City of Ocean City for the purpose of protecting the public health, safety and welfare, or in furtherance of programs or services offered by the City of Ocean City.

        Noncommercial Handbill shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paperback booklet or any other printed or otherwise reproduced original copies of any matter of literature not included in the aforesaid definition of a commercial handbill or newspaper.

             This definition shall not apply to any circular, leaflet, pamphlet or other printed or reproduced material generated by or on behalf of the City of Ocean City for the purpose of protecting the public health, safety and welfare, or in furtherance of programs or services offered by the City of Ocean City.

        Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

        Principal Advertiser shall mean in a commercial handbill, the person, firm, or corporation whose advertising message occupies a substantial amount of the advertising space in the handbill, such that it appears to be the sponsor of the handbill.

        Private Premises shall mean any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether uninhabited or temporarily or continuously inhabited or vacant, including but not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

        Public Place shall mean any and all streets, sidewalks, boulevards, alleys, boardwalk or other public ways, paved or unpaved, and any and all public parks, beaches, boardwalk, squares, spaces, grounds and buildings.

        Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

        (Ord. #94-23, § 1)

 

4-35.2    Throwing or Distributing Commercial and Noncommercial Handbills in Public Places.

   No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, nor shall any person hand out, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful for any person to hand out or distribute without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. #94-23 § 2)

 

4-35.3    Placing Handbills on Vehicles.

   No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for any person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. This prohibition shall not apply to any circular, leaflet, pamphlet or other printed or reproduced material generated by or on behalf of the City of Ocean City for the purpose of protecting the public health, safety and welfare, or in furtherance of programs or services offered by the City of Ocean City. (Ord. #94-23, § 3)

 

4-35.4    Depositing Handbills on Vacant Private Premises.

   No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. #94-23, § 4)

 

4-35.5    Distribution of Handbills Prohibited Where Posted.

   No person shall throw, deposit or distribute any commercial handbill or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words, "NO TRESPASSING", "NO PEDDLERS OR AGENTS", "NO ADVERTISEMENT" or any similar notice, indicating in any manner that the occupants of said premises do not desire to have their rights of privacy disturbed, or to have any such handbill left upon such premises.

   This prohibition shall not apply to any circular, leaflet, pamphlet or other printed or reproduced material generated by or on behalf of the City of Ocean City for the purpose of protecting the public health, safety and welfare, or in furtherance of programs or services offered by the City of Ocean City. (Ord. #94-23, § 5)

 

4-35.6    Distribution of Handbills on Private Property Prohibited Where Unprotected from the Elements.

a.     In the case of private premises which are inhabited, and not posted, no person shall throw, deposit or distribute any commercial or noncommercial handbill in an unsecured manner causing it to be blown or drifted about upon such premises or sidewalks or streets or other public places or to be unprotected from the elements. Mailboxes may not be used for such purposes when prohibited by Federal postal laws or regulations.

b.     The provisions of subsection 4-35.6 shall not apply to the distribution of mail by the United States, nor to newspapers. Notwithstanding, newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon the streets, sidewalk or other public place or upon other private property.

c.     This prohibition shall not apply to any circular, leaflet, pamphlet or other printed or reproduced material generated by or on behalf of the City of Ocean City for the purpose of protecting the public health, safety and welfare, or in furtherance of programs or services offered by the City of Ocean City.

        (Ord. #94-23, § 6)

 

4-35.7    Posting Notices Prohibited in Certain Places.

   No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole, street sign, or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. #94-23, § 7)

 

4-35.8    Violations and Penalties.

   Any person, firm, corporation or other entity convicted of a violation of this section or any section thereof shall be punished by a fine not to exceed one thousand ($1,000.00) dollars or imprisonment not to exceed thirty (30) days. (Ord. #94-23, § 8)

 

 

4-36  TOBACCO VENDING MACHINES.

 

4-36.1    Findings.

a.     Medical and scientific evidence indicates that tobacco use is a leading cause of preventable death in the United States.

b.     The City of Ocean City has determined that the public health of its residents and visitors to the City of Ocean City will be promoted by eliminating the sale of tobacco products from vending machines.

c.     The State of New Jersey has banned the sales of cigarettes or tobacco products in any form to minors pursuant to N.J.S.A. 2A:170-51.

d.     The State of New Jersey has also found that prohibition of cigarette vending machines has the desirous means of restricting access to cigarettes on property used for school purposes pursuant to N.J.S.A. 18A:36-32.

        (Ord. #00-12, § 1)

 

4-36.2    Purpose.

   The Council of the City of Ocean City determines that the purpose of this section is:

a.     To protect and promote the public health and welfare of its community by prohibiting the sale of tobacco products from vending machines, especially to those who are not of legal age to purchase tobacco.

        (Ord. #00-12, § 2)

 

4-36.3    Tobacco Vending Machines Prohibited.

   All tobacco vending machines are hereby prohibited in the City of Ocean City. It shall be unlawful for any person to possess a tobacco vending machine within the City of Ocean City. (Ord. #00-12, § 3)

 

4-36.4    Fines and Penalties.

a.     Any person who violates any provisions of this section shall be guilty of a fine not to exceed one hundred ($100.00) dollars.

b.     Each day of noncompliance shall constitute a separate infraction and punishable offense.

c.     The Cape May County Department of Health shall be the enforcement agency for the provisions of this section.

        (Ord #00-12, § 4)

 

 

4-37  FIREWORKS.

 

4-37.1    Definition.

Fireworks shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion or burning.

(Ord. #05-12, § 1)

 

4-37.2    Sale or Use of Fireworks; Public Display.

   It shall be unlawful for any person to sell or expose for sale, display, possess, use or discharge any firework, or fireworks as such as defined herein; provided, however, that they shall not prohibit the public display of fireworks undertaken by or on behalf of the City of Ocean City, or otherwise permitted by the Mayor or his designee. (Ord. #05-12, § 1)

 

4-37.3    Authority to Confiscate Fireworks.

   The Police Chief, or his designee, is hereby authorized to confiscate any fireworks that is obtained, owned, possessed, used or discharged in violation of this section, or any applicable State law or regulation. (Ord. #05-12, § 1)

 

 

4-38  RESERVED.*

 

*Editor's Note: Former Section 4-38, Sex Offender Residency Prohibition, previously codified herein and containing portions of Ordinance No. 05-35 was repealed in its entirety by Ordinance No. 09-27.

 

 

4-39  REAL ESTATE AND OTHER SIGNS.

 

4-39.1   Purpose.

   The purpose of this section is to regulate the location and size of real estate sign, advertising properties for sale or rent; regulating the type, size and location of signage to be displayed at a construction site, during the construction of a building; and candidate and political signs. (Ord. #06-06 § 1; Ord. #12-04 § 1)

 

4-39.2    Findings of Fact.

a.     Ocean City has thousands of properties which are offered for sale or rent at any given time. It is commonplace for buildings offered for sale or rent to advertise that fact through real estate office signage on the property.

b.     The proliferation of real estate signage has resulted in visual pollution, and continuing objection by residents and citizens of the City of Ocean City.

c.     In addition to real estate signs, residential and commercial construction sites have resulted in the placement of numerous signs advertising contractors, subcontractors, lending institutions and architects. These additional signs have added to the visual pollution in the community.

d.     It is determined to be in the best interest of Ocean City to regulate real estate signage and other signs at residential and commercial construction sites within Ocean City.

        (Ord. #06-06 § 1)

 

4-39.3    Definition.

Sign shall mean a name, logo, trademark, or identifying symbol, description, display or illustration, which is affixed to, printed, or represented directly or indirectly upon a building or parcel of land which directs attention to a person, institution, organization, activity, place, object, product or business. (Ord. #06-06 § 1)

 

4-39.4   Real Estate Signs.

a.     The placement of all real estate signs upon any building or parcel of land shall be subject to, and conditioned upon the following provisions:

1.     Each residential or commercial dwelling unit shall be permitted to have a single sign advertising the unit for sale, rent, or both. The sign shall be attached to the building or placed immediately next to, and within one (1') foot, of the building. The size of the sign shall not exceed three (3) square feet in area. The sign shall be parallel to the road or roads on which the property is located.

b.     In the event that more than one (1) real estate office is advertising the property for sale or lease, the signs of the respective real estate offices shall be placed together attached in a vertical alignment, but in no event shall the total area of all of the signs of the individual real estate offices exceed three (3) square feet in area.

c.     In the event the property being offered for sale or lease is located on the ocean, bay or lagoon, a sign complying with subsection 4-39.4a. and b. may be located on that portion of the building facing both the street and the ocean, bay or lagoon.

d.     In the event the residential or commercial dwelling being offered for sale or lease is located on a corner, a sign may be affixed to each side of the building facing, or abutting a street. The size of any sign shall not exceed three (3) square feet in area. In the event there is more than one (1) real estate office advertising a property for sale or lease, the signs of the respective real estate offices shall be placed together attached in a vertical alignment, but in no event shall the total area of all of the signs of the individual real estate offices exceed three (3) square feet in area.

e.     For vacant land, there shall be one (1) sign announcing the property for sale or lease. The sign may be double sided. Each side of the sign shall not exceed three (3) feet in area and shall be placed as near as practical to the center of the lot.

f.      While the building is undergoing construction, the real estate sign shall be placed upon the temporary utility pole. The size of the sign shall comply with subsection 4-39.4a., b., c. and d. above. Once the building has been framed, and the final texture or material (for example: vinyl siding, brick, stone, wood) applied, the signs shall be attached to the building as required in subsection 4-39.4a., b., c. and d. above.

g.     Following the sale of a property, all real estate signs announcing the property for sale, or announcing that the property has been sold, shall be removed within five (5) calendar days of the settlement.

h.     Banners, flags, balloons, open house signs, and other advertising products announcing an open house, associated with a property for sale, shall be permitted to be placed on the property, provided they are placed upon, and removed from the property on the day of the open house, and further provided that a sales agent is present on the property during the open house.

i.      In addition, two (2) off premises directional signs are permitted per open house property, only if all of the following conditions are met:

1      The two (2) permitted signs must be at different intersections.

2.     The maximum size of the signs shall be three (3) square feet in area, with nothing attached (including, but not limited to, balloons, pennants and riders).

3.     No more than one (1) sign per corner, with no part of the sign to block or protrude over any part of a sidewalk or driveway.

4.     Signs are permitted only during the time of the open house (defined as period during which a sales agent is present on the property for sale).

5.     Signs are permitted only if anchored to the ground.  No signs are permitted on vehicles, poles or structures.

6.     No signs are permitted on Gardens Parkway, 9th Street, 34th Street or 55th Street.

7.     Signs shall not exceed thirty (30") inches in height, in compliance with subsection 25-1700.13.3, Sight Triangle Easements.

        (Ord. #06-06 § 1; Ord. #11-14 § 3)

 

4-39.5   Other Signs.

a.     Contractor Signs.  Except as to the provisions for real estate signs in subsection 4-39.4 above, no commercial signs shall be placed on land or a building, except for the purpose of identifying a use or uses actually conducted upon the premises upon which signs are erected.  Specifically, during the construction of a building, no one other than the general contractor, as set forth below, shall be permitted to advertise any business, or service upon the property.

1.     During the construction of a building, the general contractor shall place a sign on the temporary utility pole containing the name, address and telephone number of the general contractor and the lot, block and street address of the project.  Once the building has been framed, and the final texture or material (for example, vinyl siding, brick, stone wood) applied, the sign shall be attached to the building as required in subsection 4-39.4a., c. and d. above.  The sign shall not exceed three (3) square feet in area.  The sign shall be removed within five (5) days of the issuance of the certificate of occupancy.  In the event the building contains more than one (1) unit the sign shall be removed within five (5) days for the issuance of the final certificate of occupancy. 

b.     Candidate and Political Signs.  Temporary candidate signs shall be permitted to be placed upon private property for a period of thirty (30) days prior to an election.  The signs shall be removed within five (5) calendar days of the election. Temporary candidate and political signs in residential zones shall not exceed three (3) square feet in area, per side.  Candidate and political signs may be double sided.  Candidate and political signs in nonresidential zones shall not exceed twenty-four (24) square feet in area. 

        (Ord. #06-06 § 1; Ord. #12-04 § 2)

 

4-39.6   Compliance.

a.     Compliance with subsection 4-39.4 of this section shall be the responsibility of the real estate agency or agencies whose signs appear on the property, and/or the owner of the property. The owner shall be solely responsible if the property is being offered for sale or rent by the owner without the assistance of a broker.

b.     Compliance with subsection 4-39.5 of this section shall be the responsibility of the business, company, or institution advertised on the sign.

c.     The owner of the property at which a violation of Section 4-39 occurs, as well as each real estate office, business, company or institution, whose sign is in violation, shall be notified in writing of the specific violation and given seven (7) days in which to cure the violation. After one (1) such written notice of violation has been provided, no further notice of violation shall be required prior to the imposition of fines for future violations at the same property which occur within one (1) calendar year.

        (Ord. #06-06 § 1; Ord. #11-12)

 

4-39.7    Violations and Penalties.

   Violations of this section shall be subject to a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars and/or imprisonment not to exceed thirty (30) days, in the discretion of the Municipal Court Judge. Each day shall constitute a separate violation. (Ord. #06-06 § 1)

 

 

4-40    LASER POINTERS.

 

4-40.1   Purpose.

   Ocean City is a shore community surrounded by waters traversed by vessels of all types. Additionally, Ocean City has an airport frequented by planes and helicopters. Each year, Ocean City experiences incidents in which a vessel, plane or helicopter is illegally targeted with a laser pointer operated in Ocean City, and often purchased in Ocean City. The illegal use of laser pointers creates risks and dangers for those targeted by the beam of the laser, as well as for the citizens of Ocean City. Ocean City has a strong interest in banning the sale of these devices as a means of eliminating their illegal use. (Ord. #11-18)

 

4-40.2   Possession and Sale of Laser Pointers Prohibited.

a.     No person shall possess or offer to sell  a laser pointer that exceeds one (1) milliwatt in output power. 

b.     For the purposes of this section, laser pointer means any device that emits laser light to project a beam that may be used for aiming, targeting or pointing out features.

c.     A person who violates this act shall be subject to a penalty of not more than five hundred ($500.00) dollars for the first offense and not more than one thousand ($1,000.00) dollars and/or imprisonment not to exceed thirty (30) days, for each subsequent offense.

        (Ord. #11-18)

 

 

4-41    JUMPING FROM BRIDGE.

   It shall be unlawful to jump from any bridge within City limits including, but not limited to, the Route 52 Causeway bridges, the Ocean City-Longport bridge, Ocean City-Strathmere bridge, the Rush Chattin Bridge, the W. 17th Street Bridge and the 34th Street Bridge. (Ord. No. 15-03 § 1)

 

 

4-42    ABANDONED BICYCLES.

   It shall be unlawful to abandon a bicycle on public property within City limits. An abandoned bicycle shall be tagged with notice that it must be moved within three (3) days, after which it will be impounded. Impounded bicycles which remain unclaimed by their owners shall be released to the Purchasing Division for auction after six (6) months, unless so deteriorated that they have no value, in which case they will be discarded.  A bicycle shall be deemed abandoned if it is located on public property and is not moved for a period of seven (7) days. (Ord. No. 15-03 § 2)

 

 

4-43    DRONES.

a.     Drones are hereby banned from airspace within five (5) miles of the Ocean City Airport.

b.     For purposes of this section, drone means an unmanned aerial vehicle and/or an unmanned aircraft system.

c.     A person who violates this act shall be subject to a penalty of not more than five hundred ($500.00) dollars for the first  offense and not more than one thousand ($1,000.00) dollars and/or imprisonment not to exceed thirty (30) days, for each subsequent offense.

(Ord. #2015-25)

Editor's Note: This section shall be automatically repealed if not readopted on or before September 8, 2016.

 

 

     Schedule A

 

Click here to view schedule



* The general power to adopt local police ordinances of all kinds is contained in R.S. 40:48-1, 2. The power to impose penalties for violations of ordinances and prescribing maximum penalties is contained in R.S. 40:49-5.

*For Regulations Concerning Bicycles and Surrey Bicycles on the Boardwalk, see Chapter 18-4, Beaches, Boardwalks and Recreational Areas.

*Editor's Note: Former subsection 4-11.4, Disposition of Inflammable Material has been repealed. For information on inflammable material see Section 12-5, Property Maintenance Code, Section 13-1, Fire Prevention Code and Section 16-8, Solid Waste Collection and Recycling Requirements.

*Editor's Note: Schedule A, referred to herein, may be found at the end of this chapter.

* Editor's Note: The provisions of this paragraph exempting the Ocean City High School construction project from subsection 4-16b,9(a) shall automatically expire upon the issuance of a certificate of occupancy following completion of the Ocean City High School project.

 

CHAPTER IV POLICE REGULATIONS*
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