[HISTORY: Adopted by the City Council of the City of Atlantic City 5-6-1992 by Ord. No. 46-1992. Amendments noted where applicable.]
The City Council finds that regulation of the hours of operation of marine off-loading facilities is necessary for the following reasons: because marine commercial off-loading facilities are now operating in close proximity to residential areas of the City and constitute a nuisance to residents; because various neighborhoods in the City are being redeveloped, and residential use of areas near marine facilities is increasing and would cause a greater nuisance to residents if unregulated; and because the safety of nearby residents and workers in this industry would be increased if the hours of these facilities are limited to the times set forth herein.
As used in this chapter, the following terms shall have the meanings indicated:
- COVERED AREA(S)
- Areas of the City known as "Delta Basin" and "Gardners Basin."
- MARINE OFF-LOADING FACILITY
- A commercial facility involved in marine related businesses, including but not limited to repair of boats, clamming, fishing and other enterprises dealing with fruits of the sea.
The daily hours of operation of marine off-loading facilities in covered areas shall be 6:00 a.m. to 11:00 p.m. In the event that a small craft warning or a higher state of maritime alert is issued by the National Weather Service for maritime areas utilized by commercial craft operating out of marine facilities located in the City, and actual weather conditions which precipitate such warnings are such that commercial craft are delayed in docking or are unable to complete off-loading activities by 11:00 p.m., the hours of operation for commercial craft which are so affected may be extended for two hours until 1:00 a.m., for the date in question.
[Added 6-3-1992 by Ord. No. 60-1992; amended 11-25-2008 by Ord. No. 104]
Any person violating any provisions of this chapter shall, upon conviction in Municipal Court, be punished for each offense by a fine not to exceed $2,000 or by imprisonment for any term not exceeding 90 days in jail, or both, in the discretion of the Municipal Judge. Each calendar day on which a violation occurs or continues shall be considered a separate violation.