[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach: Art. I, 9-9-1978 by L.L. No. 5-1978 as
Article II of the 1951 Code of Ordinances. Amendments noted where
applicable.]
[Adopted 9-9-1978 by L.L No. 5-1978 as Article II of the
1951 Code of Ordinances]
It is hereby declared and found that litter
carelessly deposited in the Village of Ocean Beach is the cause of
civic disgrace; that litter is a health, fire and safety hazard; that
an all out litter control campaign can result in substantial savings
to taxpayers of the Village of Ocean Beach; and that litter is a matter
affecting the public interest and consequently should be subject to
supervision and administrative control for the purpose of safe-guarding
the public health, safety and general welfare of the people of the
Village of Ocean Beach.
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
A litter storage and collection receptacle as required and
authorized in the Code of the Village of Ocean Beach.
An area, for the purpose of this article, described and bounded
as follows: on the north by the most northerly point of land located
in the Incorporated Village of Ocean Beach and on the south by the
southerly side of Bay Walk and the easterly boundary being the easterly
side of the intersection of Bay Walk and Surfview Walk and the westerly
boundary being the easterly side of the southerly intersection Ocean
Road and Bay Walk, except that the westerly boundary along the bayfront
boardwalk shall end at the westerly side of lot 036.002 of Block 02.00
and as defined by proper village-posted signage.
[Added 4-10-1999 by L.L. No. 2-1999]
All waste material, including rubbish, which tends to create
a danger to public health, safety and welfare or creates unsightliness.
That portion of the public beach located adjacent to and/or
abutting the Atlantic Ocean from the extreme southerly point located
within the Incorporated Village of Ocean Beach to that point at the
initial point of the intersection of the beach with the base of the
steps of any overpass over the dunes to the ocean beach or, if there
shall be no base of any steps located in that area, to the location
of the most southerly snow fence located at the base of the dunes;
however, in no event, regardless of the existence at any particular
time of any snow fence, shall the boundary line be deemed to be beyond
or upon the southernmost point of any dune and/or dunes located at
the ocean beach and as defined by proper village-posted signage.
[Added 4-10-1999 by L.L. No. 2-1999]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any house, building or other structure designed or used,
either wholly or in part, for private residential purposes; any commercial
or business property, whether inhabited or open for business or temporarily
uninhabited or closed for business; and any vacant, unimproved lot
or parcel of land, and shall include any yard, grounds, walk, driveway,
porch, steps or vestibule belonging or appurtenant to such dwelling,
house, building or other structure.
[Amended 6-15-1991 by L.L. No. 2-1991]
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
The Incorporated Village of Ocean Beach.
No person shall dispose of litter in or upon
public or private property within the village except in public receptacles
or in authorized private receptacles for collection. Persons placing
litter in public receptacles or in authorized private receptacles
shall do so in such a manner as to prevent it from being carried or
deposited upon any street, sidewalk or other public or private property.
Any person owning, occupying or in control of
private property shall maintain the sidewalk and street in front thereof
free of litter.
A.
Authority to remove. In the event that the owner,
occupant or person in control of such land shall fail to remove litter
in the village, the village shall have the authority, as provided
for herein, to enter onto such land and clean the same and to charge
the cost or expense of such action against the owner and to establish
a lien in the manner herein provided.
B.
Village Board action. Any owner of real property in
the village shall be required to remove the litter which exists upon
his land when directed to do so by resolution of the Village Board.
C.
Notice to be served. Whenever the Village Board shall
adopt a resolution requiring the owners of land to remove litter which
exists thereon, the Village Board shall specify the time within which
such work shall be completed. Such notice shall set forth with reasonable
certainty the location at which the condition exists and the manner
in which the removal work shall be performed. The owners shall be
given at least 10 days from the date of mailing of the notice during
which the work shall be performed; and in any event, such notice shall
grant a reasonable time giving due consideration to the amount of
accumulation of rubbish or debris and the location thereof. Notice
of the adoption of a resolution requiring the removal work shall be
served upon the owners of the property at which the condition exists
by certified mail, addressed to the last known address of said owner.
D.
Failure to comply. Whenever a notice or notices referred to in Subsection C above has been served and the owner shall neglect or fail to comply with such notice within the time provided therein, the Village Board shall authorize the work to be done and shall provide for the cost thereof to be paid from the general Village funds as directed by resolution.
E.
Manner of assessment of cost upon real property. In
any case where it shall be necessary for the Village Board to have
the work performed due to the failure of the owner to comply with
the Village Board's resolution, the Village shall be reimbursed for
the cost of the work performed, or the services rendered at its direction,
by assessment or levy upon the lots or parcels of land where such
work was performed or such services rendered. All costs actually incurred
by the Village upon each lot or parcel and the charge therefor shall
be assessed and collected in the same manner and in the same time
as other ad valorem Village charges.
[Amended 5-18-2002 by L.L. No. 1-2002]
A.
No person shall encumber, obstruct, improve, build
upon or store goods/supplies upon any walk, road, lane, right-of-way,
beach or public place in the Village of Ocean Beach, unless otherwise
expressly authorized in writing by the Village of Ocean Beach.
B.
No person shall in any way hinder, impede or delay
free travel upon any walk, road, lane, right-of-way, beach or public
place in the Village of Ocean Beach.
Any person who shall permit a handcart or wagon or bicycle or other vehicle to remain on a public walk or in a public place shall be guilty of disorderly conduct and punishable by a fine; and in addition thereto, such handcart, wagon, bicycle or other vehicle or any bicycle, tricycle, scooter, velocipede or like vehicle operated in violation of Chapter 56 of this Code may be taken into custody by the Village and impounded until redeemed by the payment to the Village of the sum of $25 by the owner thereof.
No person shall conduct any business within
the Business District unless the same is confined to the interior
of the building in which said business is conducted, nor shall any
person exhibit, display or otherwise show any goods, wares or merchandise
for sale, except within the interior of such building in the Business
District. No goods, wares or merchandise shall be exhibited, displayed
or shown outside the four walls of such building. The provision of
this section shall not apply to the outside display or sale of newspapers
published on a daily or weekly basis, provided that the display counter
shall be flush to the building wall and shall not extend more than
two feet from the building.
[Amended 4-21-1990 by L.L. No. 3-1990; 2-24-1993 by L.L. No.
1-1993; 4-10-1999 by L.L. No. 2-1999;[1] 9-16-2000 by L.L. No. 9-2000]
A.
No person shall possess, carry or transport in any
manner air open container containing any amount of alcoholic beverage
and/or alcohol, with the intent to drink same, upon any beach, park,
walk, road or public place in the Village.
B.
No person shall consume any food and/or drink any
beverage on any beach, park, walk, road or other public place, except:
(1)
A person may drink water from a public water fountain
in the Village; or
(2)
A person may drink water on the ocean or bay beach
from a clear and transparent plastic water bottle; or
(3)
A person may consume food and/or drink a beverage,
which does not contain any amount of alcohol, in the Commercial District.
Within the Commercial District, any person consuming any beverage
of any nature and/or possessing, carrying and/or transporting in any
manner an open container containing any amount of beverage with intent
to drink the beverage shall, by doing so, grant a license and/or his
or her permission without revocation and without recourse to any police
officer and/or any other authorized person, including, but not limited
to, service attendants and/or peace officers, the right to view and/or
seize and/or inspect, test and/or otherwise to retain and/or confiscate,
without any requirement to return same, any such beverage and/or container.
Beverages being consumed pursuant to this section shall only be carried
in a container made of plastic or aluminum and/or constituting a plastic
or paper container. Containers made of any type of glass and/or pottery
are prohibited; or
(4)
Upon the written permission of the Board of Trustees
and/or the Mayor.
C.
No person shall have or hold a picnic or lunch-basket
party on any walk, road, beach, park or other public place in the
Village.
D.
All commercial establishments selling food and/or
beverages shall display signage at each exit door stating the content
of this section with size of sign, lettering and wording as approved
by the Administrator and/or the Mayor.
[1]
Editor's Note: This local law also provided
that it shall expire 5-1-2000 unless renewed or extended by the Village
Board after public hearing.
No person shall erect any sign or projection
in, on or over the walks or roads, beaches or public places of the
Village of Ocean Beach except with the permission of the Board of
Trustees.
[Amended 3-24-1984 by L.L. No. 2-1984]
A.
No person shall post, hang or attach in any way any
handbill, notice or placard upon any walk or road, public post or
wall of a public building in the Village of Ocean Beach, except with
the permission of the Board of Trustees, or throw or drop the same
upon any walk or road, beach or public place in said Village.
B.
Where such matter consists of a commercial advertisement,
it shall be presumed that the vendor of the specified product, service
or entertainment is a person who placed such advertisement or caused
it to be placed upon the property.
No person shall willfully tear or deface any
notice, handbill or ordinance posted in the Village of Ocean Beach
by the order of the Board of Trustees or by the order of any Village
officer.
No person shall, without authority of the Board
of Trustees, open or excavate the surface of the soil under the walks
or roads or in the public places of the Village of Ocean Beach or
remove any portion of the walks or roads in said Village or erect
or cause to be erected any telephone, telegraph or electric light
or electric transmission pole or change the location thereof or string
any wires in, over, under or upon any of the walks or roads, beaches
or public places or construct any conduits in said Village or lay
pipes therein.
[Amended 5-18-2002 by L.L. No. 1-2002; 7-13-2019 by L.L. No. 03-2019]
The violation of any provision of this article
shall be an offense against the article, which shall be punishable
by a fine of no less than $25 and not to exceed $2,000 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment. Each and every day such violation continues
shall constitute a separate offense, and the penalties prescribed
above shall be applicable to each such separate offense, except that
no further penalties shall be imposed for the period during which
any appeal from a conviction of such offense is pending.
