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.
[Ord. #84-23, § 1]
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, § 2]
The manufacture of alcoholic beverages, spiritous or intoxicating
liquor is prohibited within the City of Ocean City.
[Ord. #84-23, § 3; Ord. #89-19, § 1;
Ord. #91-15, § 1]
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, § 4]
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, § 5]
[Ord. #00-22, §§ 1—4]
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.
GUARDIAN
RELATIVE
As used in the preceding paragraph, the following terms shall have
the meaning set forth:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
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.
[Added 1-12-2023 by Ord. No. 22-21]
Violation of this Section 4-1 constitutes a breach of the peace.
[Ord. #789, § 2J]
The playing of baseball, football, hockey or any other type
or kind of game on the public streets is prohibited.
[Ord. #195, § 1]
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.
[1]
For Regulations Concerning Bicycles and Surrey Bicycles on
the Boardwalk, see Chapter 18-4, Beaches, Boardwalks and Recreational
Areas.
[Ord. #7-82, §§ 1—5]
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 be 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, § 9]
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. #86-30, A I, A II]
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. #92-6, § 1]
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.
[Added 1-12-2023 by Ord. No. 22-21]
Violation of this Section 4-4 constitutes a breach of the peace.
[Ord. #334, §§ 1, 2]
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.
[Amended in entirety 6-15-2023 by Ord. No. 23-17. Prior history includes
Ord. #951, § 1; Ord. #1090, § 1; Ord. #1192, § 1; Ord. No. 22-21.]
[Added 6-15-2023 by Ord. No. 23-17]
a.
It shall be unlawful for any minor under the age of 18 years to be
on any public street or in a public place between the hours of 11:00
p.m. and 6:00 a.m. unless accompanied by the juveniles' parents
or guardian or unless engaged in, or traveling to or from, a business
or occupation which the laws of this State authorize a juvenile to
perform.
b.
It shall be unlawful for any parent or guardian to allow an unaccompanied
juvenile to be on any public street or in any public place between
the hours of 11:00 p.m. and 6:00 a.m.
[Added 6-15-2023 by Ord. No. 23-17]
a.
It shall be unlawful for juveniles during the curfew hours to remain
in or upon any Public Place within the City of Ocean City to remain
in any motor vehicle operating or parked therein or thereon, and/or
to remain in or upon the premises of any establishment within the
City.
b.
A parent, legal guardian, or caretaker of a juvenile commits an offense
if they knowingly permit, allow, and/or encourage, or by insufficient
control of the juvenile allow, the juvenile to remain in or upon any
public place within the City of Ocean City, to remain in any motor
vehicle operating or parked therein or thereon, and/or to remain in
or upon the premises of any establishment within the City during curfew
hours.
c.
It shall be unlawful for a person who is the owner or driver of any
motor vehicle to knowingly permit, allow or encourage a violation
of this section.
d.
It shall be unlawful for the operator of any establishment, or for
any person who is an employee thereof, to knowingly permit, allow,
or encourage a juvenile to remain upon the premises of the establishment
during curfew hours.
e.
It shall be unlawful for any person, including any juvenile, to give
a false name, address, or telephone number to any officer investigating
a possible violation of this section.
[Added 6-15-2023 by Ord. No. 23-17]
Refers to an adult at least 18 years of age who is authorized
by the juvenile's parent to be temporarily responsible for the
parental care, custody, authority, safety, and any other parental
responsibilities required to supervise the juvenile such as but not
limited to baby-sitters.
Refers to unforeseen combination of circumstances, or the
status or condition resulting therefrom, requiring immediate action
to safeguard life, limb or property. The term includes, but is not
limited to, fires, natural disasters, automobile accidents, or other
similar circumstances that require immediate action to prevent serious
bodily injury or loss of life.
Refers to any privately-owned place of business within the
City operated for a profit, to which the public is invited, including,
but not limited to any place of amusement or entertainment. With respect
to such establishment, the term "operator" shall mean any person,
and any firm, association, partnership (and the members or partners
thereof) and/or any corporation (and the officers thereof) conducting
or managing that establishment.
Refers to any person under 18 years of age who has not been
emancipated in compliance with all New Jersey State regulations and
procedures.
Refers to a police or other law enforcement officer charged
with the duty of enforcing the laws of the State of New Jersey and/or
the ordinances of the City of Ocean City.
Refers to:
Refers to:
Refers to:
A biological parent(s), adoptive parent(s), or stepparent(s)
of the juvenile (including either parent, if custody is shared under
a court order or agreement).
Refers to an individual, not to any association, corporation,
or any other legal entity.
Refers to any place to which the public or a substantial
group of the public has access, including, but not limited to streets,
highways, roads, sidewalks, alleys, avenues, parks, and/or the common
areas of schools, hospitals, apartment houses, office buildings, transportation
facilities and shops.
Refers to the following actions:
Refers to bodily injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
Refers to a non-locked, non-restrictive shelter located at
the City of Ocean City Police district headquarters or substation,
or other detainment area designated by the City of Ocean City Police
Department which juveniles shall wait, under visual supervision, to
be retrieved by a parent, legal guardian, or caretaker. No juveniles
waiting in such facility shall be handcuffed and/or secured (by handcuffs
or otherwise) to any stationary object.
[Added 6-15-2023 by Ord. No. 23-17]
It shall be unlawful for juveniles during the curfew hours to
remain in or upon any public place within the City of Ocean City,
to remain in any motor vehicle operating or parked therein or thereon,
and/or to remain in or upon the premises of any establishment within
the City, unless:
a.
The juvenile is accompanied by a parent, legal guardian, or caretaker;
or
b.
The juvenile may remain out past curfew on a sidewalk and/or another
property such as but not limited to a next-door neighbor directly
abutting or adjacent a place where the juvenile resides with a parent,
legal guardian, or caretaker until the property owner or a member
of the general public complains of the juvenile's presence during
curfew hours to the local law enforcement department; or
c.
The juvenile may attend any recreational activities supervised by
adults and sponsored by, held, or located at schools, religious organizations,
any recreational activity sponsored by the City of Ocean City, or
attend any other organizational function in the City of Ocean City
so long as the organizational function assumes responsibility for
the juvenile's care, safety, and well-being through providing
adult supervision of the juvenile. The juvenile may travel unsupervised
to and from these specified activities without detour during curfew
hours; or
d.
The juvenile is on an errand at the direction of the juvenile's
parent, legal guardian, or adult temporarily responsible for the parental
care, authority, and safety of said juvenile, without any detour or
stop; or
e.
The juvenile is involved in interstate travel in any means of transportation
through, either beginning, throughout, or terminating, in the City
of Ocean City; or
f.
The juvenile is engaged in an employment activity or is going to
or returning to their place of stay from such employment activity,
without detour or stop; or
g.
All travel necessary for the juvenile to attend employment and then
to return to their place of stay without detour; or
h.
The juvenile is involved in an emergency; or
i.
It is a defense to prosecution under Subsection 4-6.2, Offenses, that the owner, operator, or employee of an establishment or driver of a motor vehicle promptly notified the City of Ocean City Police Department that a juvenile was present on the premises of the establishment or in the motor vehicle during curfew hours and the juvenile refused to leave; or
j.
The juvenile is exercising First Amendment rights protected by the
United States Constitution, such as but not limited to the free exercise
of religion, freedom of speech, and the right of assembly in which
the juvenile or the juvenile's parent, legal guardian, or caretaker
must notify the City of Ocean City Police Department at least twenty-four
hours in advance in order for the City of Ocean City to comply with
all New Jersey State regulations such as but not limited to directives,
executive orders, and enacted legislative acts.
[Added 6-15-2023 by Ord. No. 23-17]
a.
Any juvenile violating this section shall be provided at least two
curbside warnings by a law enforcement officer and an opportunity
for the juvenile to leave the Public Place within the City of Ocean
City, the motor vehicle operating or parked therein or thereon, and/or
in or upon the premises of any establishment within the City before
the law enforcement officer issues a stationhouse adjustment to the
juvenile.
b.
After the second curbside warning, or if the juvenile refuses to
leave after a curbside warning, the juvenile shall be subject to having
a stationhouse adjustment and the juvenile's parent, legal guardian,
or caretaker called to develop an appropriate resolution.
c.
No summons or juvenile delinquency charge shall be issued to a juvenile
violating the provisions of this section.
d.
Any parent, legal guardian, or caretaker violating this section shall,
upon conviction in the Municipal Court of the City, be liable for
a penalty according to the following scheme:
1.
For the first offense, a fine of not less than $250.00 not more than
$500.00.
2.
For a second offense occurring within one year of a prior violation,
a fine of not less than $500.00 nor more than $1,000.00.
3.
For a third or subsequent offense occurring within one year of two
or more violations, a fine of not less than $1,000.00 nor more than
$1,500.00.
4.
Any adult who violates a provision of this subchapter is guilty of
a separate offense for each day, or part of a day, during which the
violation is committed, continued, or permitted.
[Added 6-15-2023 by Ord. No. 23-17]
a.
The law enforcement officer shall not issue a curbside warning to juvenile or issuance of a summons to appear in the Municipal Court of the City to a parent, legal guardian, or caretaker under this section unless the law enforcement officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection 4-6.4, Defenses, of this section is present.
b.
Before taking any enforcement action hereunder, the law enforcement officer shall make an immediate investigation to establish such reasonable belief exists that an offense has occurred and no defenses in Subsection 4-6.4, Defenses, is presented or proffered for the purpose of ascertaining whether or not the presence of a juvenile in a public place, motor vehicle and/or establishment within the City during the Curfew hours violates this section.
1.
If such investigation reveals that the presence of said juvenile
is in violation of this section then:
(a)
The law enforcement officer shall ask the apparent juvenile
offender's age and reason for being out in the public place within
the City of Ocean City, in any motor vehicle operating or parked therein
or thereon, and/or in or upon the premises of any establishment within
the City; and
(b)
The law enforcement officer issues a curbside warning and shall
ask the juvenile to leave the public place within the City of Ocean
City, any motor vehicle operating or parked therein or thereon, and/or
in or upon the premises of any establishment within the City, unless
the juvenile continues to remain;
(c)
If the juvenile has not previously been issued a first or second
curbside warning for any such curfew violation, then the officer shall
issue a first or second curbside warning to the juvenile; or
(d)
If the juvenile has previously been issued at least a second curbside warning for any such curfew violation in Subsection 4-6.5, Penalty, or if the juvenile continues to remain in the Public Place within the City of Ocean City, any motor vehicle operating or parked therein or thereon, and/or in or upon the premises of any establishment within the City, the officer is empowered to engage in a stationhouse adjustment where the officer shall have the juvenile's parent, legal guardian, or caretaker called to develop an appropriate resolution. In such case the juvenile's continuing to remain in the Public Place within the City of Ocean City, any motor vehicle operating or parked therein or thereon, and/or in or upon the premises of any establishment within the City constitutes a breach of the peace.
(e)
As called for in paragraph (d) above, if a juvenile refuses
to give a law enforcement officer his or her name and address, refuses
to give the name and address of his or her parent(s), legal guardian(s),
or caretaker(s), or if no parent, legal guardian, or caretaker can
be located prior to the end of the applicable curfew hours, or if
located, no parent, legal guardian, or caretaker appears to accept
custody of the juvenile, the law enforcement officer shall be empowered
to provide a stationhouse adjustment to the juvenile who shall be
taken to a Temporary Care Facility as defined in Subsection 3-8.2,
Definitions, for a period not to exceed the remainder of the curfew
hours to be dealt with in the manner and pursuant to such procedures
as required by law so that the juvenile's parent, legal guardian,
or caretaker may retrieve the juvenile. In such case the juvenile's
conduct constitutes a breach of the peace.
2.
If such investigation reveals that such juvenile's parent, legal guardian, or caretaker is in violation of this section pursuant to Subsection 4-6.3, Offenses:
(a)
A law enforcement officer shall be empowered to issue a summons
to such juvenile's parent, legal guardian, or caretaker where
the juvenile's parent, legal guardian, or caretaker shall appear
in front of the Municipal Court of the City of Ocean City.
[Ord. #926, § 1]
No person shall discharge any pistol, revolver, or other firearm
with the City except as hereinafter provided.
[Ord. #926, §§ 1, 2]
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. #789, § 1]
It is unlawful to dress, undress, change clothing or sleep in
any type of motor vehicle or other type of vehicle.
[Ord. #789, § 2]
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. #694; Ord. 19-78,
§ 1]
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,
§ 2]
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,
§ 3]
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,
§§ 4, 5]
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,
§ 6]
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,
§ 7]
[Ord. #79, §§ 1—4]
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 1, 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. #147, §§ 2—6]
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. #216, § 1; Ord. #190, § 2]
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. #190, § 3]
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. #247, § 1]
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.
[Added 1-12-2023 by Ord. No. 22-21]
Violation of this Section 4-11 constitutes a breach of the peace.
[Ord. #789, § 2]
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. #953, § 1; amended 1-12-2023 by Ord. No. 22-21]
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. Violation of this Section 4-13 constitutes a breach of the peace.
[Ord. #1015, § 1; Ord. #1149, §§ 1—4]
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.
MOTOR-DRIVEN VEHICLE
Definitions.
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. #15-82, § 1]
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, § 2]
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, § 3; Ord. #06-14, § 1]
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, § 4]
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, § 5]
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.
[Added 1-12-2023 by Ord. No. 22-21]
Violation of this Section 4-15 constitutes a breach of the peace.
[Ord. #85-17, A 1]
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 II]
As used in this section:
Shall mean a group of commercial facilities and the abutting
public rights-of-way and public spaces.
Shall mean any premises, property, or facility involving
traffic in goods or furnishing of services for sale or profit, including
but not limited to:
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition of buildings
or structures.
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.
Shall mean any dismantling, intentional destruction, or removal
of buildings or structures.
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.
Shall mean any activity and its related premises, property,
facilities, or equipment involving the fabrication, manufacture, or
production of durable or nondurable goods.
Shall mean any vehicle that is propelled or drawn on land
by an engine or motor.
Shall mean a sound dissipative device or system for abating
the sound of escaping gasses of an internal combustion engine.
Shall mean any building wherein there are two (2) or more
dwelling units.
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.
Shall mean the noise control officer designated as the official
liaison with all municipal departments, empowered to grant permits
for variances.
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.
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.
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.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley that is leased, owned or controlled by a governmental
entity.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
Shall mean either:
Shall mean a group of residential properties and the abutting
public rights-of-way and public spaces.
Shall mean property used for human habitation, including
but not limited to:
Shall mean the sound pressure level measured in decibels
with a sound level meter set for A-weighting; sound level is expressed
in dBA.
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.
Shall mean any day, Monday through Friday, that is not a
legal holiday.
[Ord. #85-16. A III]
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 Noise—A 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.
[Ord. #85-17, A IV]
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 V; Ord. #90-17, § 1; Ord. #06-14,
§ 2]
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 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]
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.[1] (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.)
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
(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 a.m. and 10:00 p.m. the following
day, in those shaded areas as set forth on Schedule A attached hereto.[2] (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.)
[2]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
(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.[3]
[3]
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.
[Ord. #85-17, A VII; Ord. #90-17, § 3]
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 VIII]
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 $50 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:
[Ord. #85-17, A IX]
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.
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. #85-19, § 1]
For purposes of this section, the following terms, phrases and
words shall have the following meanings.
Shall mean the Health Officer of Ocean City, appropriate
representatives of the Construction Code Department, and appropriate
representatives of the Ocean City Police Department.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
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.
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.
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.
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, § 2; Ord. #96-2, § 1]
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, flyash 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, § 3; Ord. #94-26, § 1]
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, § 4]
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, § 5]
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 pressure 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, § 6]
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, § 7]
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, § 8]
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, § 9]
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, § 10; Ord. #03-16, § 1]
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, § 11; New; Ord. #88-39, § 1]
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. #624, § 1]
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, § 2; Ord. #94-07, § 1]
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, § 3]
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, § 4]
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, § 5]
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. #1124, 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, § 1]
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, § 2]
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, §§ 3, 4]
[Ord. #1015, § 1; Ord. #1130, § 1]
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. #972, §§ 1—3]
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, § 4]
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.
[Code 1972, 5-10.3]
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 30, 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.
[Ord. #19-81, § 1]
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, § 2]
For purposes of this section the boardwalk and all ramps leading
thereto shall be considered a street.
[Ord. #88-30, § 1]
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. #19-79, § 1]
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, § 2]
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. #14-22]
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. #190, § 1]
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. #789, § 2]
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]
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.
[Repealed by Ord. No. 86-25.]
[Repealed by Ord. No. 86-25.]
[Repealed by Ord. No. 86-25.]
[Repealed by Ord. No. 86-25.]
[Repealed by Ord. No. 86-25.]
[Ord. #789, § 2]
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, § 6]
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, § 2]
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.
[Repealed by Ord. No. 86-25.]
[Repealed by Ord. No. 86-25.]
[Repealed by Ord. No. 86-25.]
[Ord. #1142, § 1]
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, § 2]
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, § 3]
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. #88-36, § 1; Ord. #98-12, § 2]
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, § 2]
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. #98-12, § 3]
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. #88-36, § 3]
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, § 4]
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, § 5; Ord. #98-12, § 4]
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. #89-20, § 1]
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, § 2]
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, § 3]
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, § 4]
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, § 5]
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.
[Added 1-12-2023 by Ord. No. 22-21]
Violation of this Section 4-31 constitutes a breach of the peace.
[Ord. #84-16, §§ 1—4; (Ord. #07-21,
§ 1; Ord. #07-30, § 1]
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. #93-29, § 1]
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]
As used in this section, the following definitions shall apply:
Shall mean a person designated pursuant to subsection 4-33.5a to hear and decide proceedings under this section.
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.
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.
Shall mean a complaint which may form the basis for proceedings in accordance with subsection 4-33.3a.
[Ord. #93-29, § 1; Ord. #98-20, § 1]
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]
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:
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]
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]
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]
This section shall take effect in the time and manner prescribed
by law.
[Ord. #94-17, § 1]
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. #94-23, § 1]
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.
CITY
COMMERCIAL HANDBILL
1.
2.
3.
NONCOMMERCIAL HANDBILL
PERSON
PRINCIPAL ADVERTISER
PRIVATE PREMISES
PUBLIC PLACE
VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean the City of Ocean City.
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:
Advertises for sale any merchandise, product, commodity or thing.
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.
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.
|
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.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
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.
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.
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 § 2]
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, § 3]
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, § 4]
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, § 5]
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, § 6]
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, § 7]
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, § 8]
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. #00-12, § 1]
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, § 2]
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, § 3]
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, § 4]
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. #05-12, § 1]
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]
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]
The Police Chief, or his designee, is hereby authorized to confiscate
any fireworks that are obtained, owned, possessed, used or discharged
in violation of this section, or any applicable State law or regulation.
[Added 1-12-2023 by Ord. No. 22-21]
Violation of this Section 4-37 constitutes a breach of the peace.
[1]
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.
[Ord. #06-06 § 1; Ord. #12-04 § 1]
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]
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]
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; Ord. #11-14 § 3]
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.
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. #12-04 § 2]
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. #11-12]
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]
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. #11-18]
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]
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. No. 15-03 § 1;
amended 1-12-2023 by Ord. No. 22-21]
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. Violation of this Section 4-41 constitutes a breach of the peace.
[Ord. No. 15-03 § 2]
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. #2015-25]
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.
[1]
Editor's Note: This section shall be automatically repealed
if not readopted on or before September 8, 2016.
