For the purposes of this article, the following terms shall
have the meanings indicated:
BOARDWALK
Any portion of the public park or public street structure
used to provide access to the beach and adjoining lots, including
all pedestrian or vehicular ramps, stairways or tunnels.
BOARDWALK TRAM
Any electrical or motorized vehicle designed for amusement, primarily on the Boardwalk, but not strictly limited thereto, and as further defined by Chapter
98 of the Code of the City of Atlantic City.
[Amended 6-3-1992 by Ord. No. 57-1992]
CONDITIONAL
When used in weight classifications, a safely permitted load
in excess of a normal design load that may be applied for short and
temporary time periods.
EMERGENCY
A situation where loss of life or property is imminent or
imperiled.
GVW
Gross vehicle weight.
UTILITY
A company or public authority granted the authority to provide
or serve public energy, communication, water or sanitation needs.
"Utility" includes electric, telephone, cable TV, gas, water and sewer
operations.
VEHICLE
Any wheeled, tracked or skidded device used to convey people
or materials.
The provisions of this article shall apply to all portions of
the Boardwalk and its appurtenances within the corporate limits of
the City of Atlantic City.
On or after the effective date of this article, it shall be unlawful to operate a vehicle on the Boardwalk or on any of its appurtenances, except as provided in §
92-15, without first applying for and receiving a Boardwalk vehicular permit from the City Engineer. The City Engineer may require information relating to the intended use, alternatives to using the Boardwalk vehicle weights and configuration, engineering strength analysis, temporary shoring plans and similar information to accompany the application.
Vehicular access to the Boardwalk shall be issued for maintenance
repairs, loading and unloading purposes or for access to private parking
areas. Vehicles receiving permits under this article shall not utilize
any portion of the Boardwalk for parking their vehicles.
With the exception of normal wear and tear, such as the wearing
of decking and the loosening of fasteners, the owner of any vehicle
operated on the Boardwalk, whether that vehicle has a valid permit
or not, is responsible for all damages done to any part of the Boardwalk
structure or to its appurtenances. Upon due notice being given to
the owner and at its option, the City may ask the vehicle owner to
repair all damages in accordance with the boardwalk construction standards
on file in the City Engineer's office, or the City may prefer to make
the necessary repairs and charge the vehicle owner for all labor and
materials at the prevailing rates.
Nothing in this article shall prevent emergency vehicles from
entering upon the Boardwalk where loss of life or property is imminent
or imperiled. During these emergency operations, the otherwise unauthorized
vehicles may enter upon the Boardwalk at their own risk and shall
be liable for all damages or claims as a result of their operation.
[Amended 6-3-1992 by Ord. No. 57-1992; 11-25-2008 by Ord. No.
104-2008]
A. Any person violating any provisions of this article shall, upon conviction
in the Municipal Court of the City of Atlantic City, be punished for
a first offense by a fine in the amount of $100; for a second offense
by a fine in the amount of $250 and the imposition of a period of
community service in the discretion of the Court; and for a third
and subsequent offenses, a fine in the amount of $2,000 and the imposition
of a period of community service or imprisonment not to exceed 90
days in the county jail in the discretion of the Court. The Municipal
Judge before whom any person is convicted of a violation of this article
shall have the power to impose any fine or term of imprisonment, or
both, not exceeding the maximum of this article.
B. Nothing in this section shall be construed to relieve an offender
from his obligation to repair any damage to the Boardwalk in accordance
with the provisions of this article.