[Adopted 9-10-1980 by Ord. No. 76-1980]
For the purposes of this article, the following terms shall
have the meanings indicated:
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.
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]
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.
A situation where loss of life or property is imminent or
imperiled.
Gross vehicle weight.
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.
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.
A.
The provisions of this article shall not apply to the following vehicles:
(1)
Emergency vehicles owned and operated by the City of Atlantic City
and on official City business in the course of an emergency.
(2)
Emergency vehicles owned and operated by a utility company or authority
and on official utility business in the course of an emergency.
(3)
Bicycles.
(5)
All vehicles used in parades, public events or special events, provided that permission is granted by the City for that event, and provided that a special events permit is secured under the terms of this article. The weight limitations described under § 92-17 must be met by any vehicle used in these special events.
B.
Due to the vital nature of the following vehicles in providing public services deemed necessary in preventing emergencies or in safeguarding the public health, safety and welfare, and since overweight vehicles may be required to perform these services, the following vehicles are granted limited exceptions to the weight limitation of § 92-17 of this article:
C.
City-owned maintenance, repair and service vehicles are excepted
from the following requirements:
E.
Boardwalk trams are excepted from the following requirements:
[Added 6-3-1992 by Ord. No. 57-1992]
F.
Four-wheelers and all-terrain vehicles (ATVs) are permitted to access
the beach at areas designated by the City Engineer to participate
in seasonal fishing activities from September 21 to May 1 from the
hours of 5:00 a.m. through 10:00 p.m.
[Added 9-21-2005 by Ord. No. 75-2005; amended 2-18-2015 by Ord. No.
11-2015]
(1)
The access to the beach shall be on the areas designated by the City
Engineer.
(2)
Permit process shall be through an application to the City Engineer as specifically set forth in § 92-17.
(4)
The provisions of § 92-17E shall correspond with the forms needed by the City Engineer's office.
(5)
The class permit issued for the purposes of this tournament shall
be as set forth in § 97-17C(2).
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.
A.
Need for Boardwalk access.
(1)
Prior to being issued a Boardwalk vehicular permit, the applicant
must show that Boardwalk access is either of an emergency nature or
that no other transport mode and route is available to the applicant.
Convenience of access via the Boardwalk will be considered insufficient
reason for issuing a permit. The applicant must also show that vehicular
access is both necessary for accomplishing a given task and that vehicular
access is in the best interests of the City.
(2)
Heavy truck loads must be broken down to the lightest load possible,
and the applicant must use the lightest vehicle possible. Loads and
deliveries must be broken down to hand truck loads unless shown to
be impractical.
B.
Permit application.
(1)
Application for a Boardwalk vehicular permit shall be made on the
forms provided by the City Engineer's office and shall be filed with
the City Engineer at least one week prior to using the Boardwalk.
The applicant may be required to attend a brief interview to explain
the need to use the Boardwalk.
(2)
Application for temporary permits shall be accompanied by a refundable
check for $50 made payable to the City of Atlantic City, which shall
be refunded when the applicant returns the temporary permit. Annual
permits must be returned prior to receiving a renewal.
C.
Class of permits. Boardwalk vehicular permits will be divided into
the following classes:
(1)
Annual permit, issued to those applicants requiring repetitive or
year-round access to the Boardwalk.
(2)
Temporary permit, issued to those applicants requiring Boardwalk
access ranging from one trip to a seasonal need.
(3)
Special events permit, issued to those applicants having permission
from the City to conduct a special event on the Boardwalk. No fee
is charged for a special events permit.
D.
Weight limitations.
(1)
The following weight classifications are established to provide for
both vehicular and pedestrian safety and to identify overweight vehicles
that may safely use the Boardwalk but will cause greater wear and
tear of structural members and fastenings:
[Amended 4-20-2016 by Ord. No. 20-2016]
|
Weight Classification
|
Maximum GVW
|
Typical Vehicle
| ||
|---|---|---|---|---|
|
Normal
| ||||
|
4 wheel vehicle
|
6,600 pounds
|
Auto, 1/4-ton light pickup and light van
| ||
|
Dual rear wheel
|
5,400 pounds
| |||
|
Construction vehicle
| ||||
|
Rubber tired
|
5,000 pounds
| |||
|
Tracked
|
200 pounds per square foot
| |||
|
Conditional
| ||||
|
4 wheel vehicle
|
8,800 pounds
|
3/4-ton pickup, van, 4-wheel drive light stake truck
| ||
|
Dual rear wheel
|
7,200 pounds
| |||
|
Construction vehicle
| ||||
|
Rubber tired
|
6,600 pounds
| |||
|
Tracked
|
250 pounds per square foot
| |||
|
Construction/Utility
|
Over 8,800 pounds
|
Dual-wheeled service truck, tandem single truck, crane
| ||
(2)
The above weight limitations may be increased by using timber planking
on the Boardwalk surface. If used, timber planking must be a minimum
of two inches thick or as specified on the permit by the City Engineer.
Any proposed increase of weight limitations must be accompanied by
an individual structural analysis and forwarded to the City Engineer
for review and approval.
[Amended 3-10-2010 by Ord. No. 20-2010; 4-20-2016 by Ord. No. 20-2016]
(4)
Heavy construction vehicles with weights exceeding the weight classifications
herein may be permitted to cross the Boardwalk at the sites of heavy-duty
access ramps, provided that:
(5)
Vehicular traffic across the Boardwalk to The Pier at Caesars via the Arkansas Avenue on-ramp and restricted to the limits of the reinforced concrete ramp and exceeding the above weight restrictions may be approved by the City Engineer without the use of planks as noted in § 92-17D(2).
[Added 7-20-1994 by Ord. No. 49-1994; amended 12-28-2004 by Ord. No.
143-2004; 3-10-2010 by Ord. No. 20-2010]
(6)
Vehicles with solid wheels or tire pressures greater than 50 pounds
per square inch, and meeting all other weight limitations, shall protect
the decking by using plywood of 7/8 inch to distribute the wheel load.
The plywood shall extend not less than 12 inches beyond the wheel
footprint or as may be required by the City Engineer.
[Added 3-10-2010 by Ord. No. 20-2010]
E.
Seasonal limitations. From April 1 to September 30, all vehicles
using the Boardwalk for other than emergency operations shall limit
their operations to the hours from dawn to 10:00 a.m. and shall conduct
no weekend operations, except that any vehicles requiring Boardwalk
access for construction rather than maintenance may be granted a permit
to remain on the Boardwalk for any hours deemed necessary in the discretion
of the City Engineer. For any such construction vehicles permitted
access to the Boardwalk after 10:00 a.m., the City Engineer shall
require that adequate barricades and signage are utilized to separate
the vehicles and their related equipment from the public.
[Amended 6-1-2005 by Ord. No. 42-2005]
G.
Display of permit. The Boardwalk vehicular permit must be carried
in the vehicle and must be displayed in the left-hand side of the
front windshield so that it is clearly visible and readable from outside
the vehicle.
H.
Suspension or revocation of permit.
(1)
The City Engineer may suspend or revoke any permit issued under this
article if the permit holder has:
(a)
Violated any provision of this article.
(b)
Operated a vehicle on the Boardwalk not in compliance with conditions
listed on the vehicle's permit.
(c)
Operated a vehicle with a total load or wheel load in excess
of the class limitations allowed by this article.
(d)
Parked a vehicle on the Boardwalk or operated a vehicle on a
portion of the Boardwalk not indicated on the application.
(e)
Failed to repair the Boardwalk in compliance with the construction
standards on file in the City Engineer's office.
(f)
Made any misstatement on the application for a Boardwalk vehicle
permit.
(2)
If a permit is revoked or suspended, the City Engineer shall notify
the permit holder by certified mail that his or her permit has been
suspended or revoked. Specific reasons for the suspension or revocation
shall be made known to the permit holder as well as the period of
suspension or revocation. The permit holder may appeal the City Engineer's
decision to the Director of Public Works by filing a written notice
of appeal with the Director of Public Works within 10 days of the
receipt of the decision of the City Engineer.
(3)
Any person whose permit is revoked may apply for a new permit after
a period of one year from the date of revocation.
I.
Fleet permits and transfer of permits.
[Amended 3-31-1993 by Ord. No. 27-1993]
(1)
Vehicles which require access over the Boardwalk to locations south
of the Boardwalk, including piers, may be issued fleet permits issued
in the name of the applicant and identifying covered vehicles by model
year, manufacturer's name, vehicle identification number and registration
number (tag number). Such permit or permits shall be transferable
among vehicles so identified in the application. Said permits allow
access across the Boardwalk only, and vehicular travel on the Boardwalk
otherwise is prohibited. Said permits are otherwise subject to all
terms and conditions of this article.
(3)
Permits are not transferable to any other vehicle.
J.
Vehicle indemnification. Prior to securing a Boardwalk vehicular
permit for vehicles under the provisions of this article, the applicant
shall provide a hold harmless agreement and shall indemnify and defend
the City from any and all liabilities or claims arising from any incident
involving operations of said vehicles.
A.
The following fee schedule shall apply to all permits issued under
this article, with the exception of vehicles owned and operated by
the City of Atlantic City:
[Amended 4-20-2016 by Ord. No. 20-2016]
|
Permit Time Period
| |||||
|---|---|---|---|---|---|
|
Weight Classification
|
Up to 1 Month
|
1 to 3 Months
|
3 to 6 Months
|
6 Months to 1 Year
| |
|
Normal
|
$75
|
$150
|
$300
|
$600
| |
|
Conditional
|
$150
|
$300
|
$600
|
$1,200
| |
|
Construction
|
$225
|
$450
|
$900
|
$1,800
| |
B.
The above time periods are for fee computation purposes only. The
time period allowed on the permit shall govern vehicular operations
on the Boardwalk.
C.
Utility companies and authorities that are subject to a gross receipt
franchise tax, or similar purpose tax, are excepted from the permit
fee requirements.
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.
A.
All individuals and companies acquiring a Boardwalk vehicular permit
are required to be covered by a policy or policies of liability insurance
covering these individuals and companies, including their agents and
employees. The following coverages are the minimal liability limits
permitted under this section:
|
Liability
|
Amount of Coverage
(per occurrence)
| ||
|---|---|---|---|
|
General liability
| |||
|
Bodily injury (per person)
|
$100,000
| ||
|
Bodily injury (aggregate)
|
$300,000
| ||
|
Property damage
|
$50,000
| ||
|
Automobile liability
| |||
|
Bodily injury (per person)
|
$100,000
| ||
|
Bodily injury (aggregate)
|
$300,000
| ||
|
Property damage
|
$50,000
| ||
B.
A certificate of insurance confirming the above liability coverages
shall be submitted to the City Engineer prior to the issuance of a
Boardwalk vehicular permit.
[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.
