Ocean City, NJ
Cape May County
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Table of Contents
Table of Contents
Editor's Note: For regulations concerning the licensing of dogs, see Chapter 11, Animal Control. For regulations concerning the Licensing of Taxicabs and Vehicles for Hire, see Chapter 9.
The general power to license and prescribe license fees is contained in R.S. 40:52-1, et seq. Licensing is also part of the general police power granted by R.S. 40:48-1, et seq. Taxicabs must also comply with the requirements of R.S. 48:16-1, et seq.
[Ord. #677, § 1]
The protection of the public against the possibility of misrepresentation and fraud by prescribing certain reasonable regulations of persons engaging in business within the City is hereby declared necessary in the interests of the general welfare of the public.
[Ord. #677, § 2]
Any person desiring to secure a license from this City to conduct or carry on any business here, and all persons who hold any such licenses under authority of this City, shall be required to comply with the provisions of this Chapter.
[Ord. #677, §§ 3—7]
a. 
If the business is owned by an individual, the license shall be secured in the name of that individual.
b. 
If a business is conducted under a trade name, the license shall be secured in the name of the person or persons who own the business and a designation of the trade name shall be stated in the application. No license shall be granted until proof has been furnished to the City Clerk that the trade name is registered in the office of the County Clerk in the manner prescribed by the laws of the State of New Jersey.
c. 
A license to be granted to a partnership shall be granted in the name of the partnership and a full disclosure of the names of the partners shall be furnished to the City Clerk.
d. 
A license shall not be granted in the name of any corporation unless the name and address of the registered agent upon whom process may be served is furnished to the City Clerk.
e. 
In all cases the addresses of the person mentioned herein shall be furnished to the City Clerk.
[Ord. #677, §§ 8, 9]
a. 
Every place of business conducted under authority of a license issued by this City shall display in the window door in a conspicuous place the true name of the owner if the business is operated under a trade name; the true names of the partners if the same is owned by a partnership or association and the name of the registered agent if ownership is a corporation.
b. 
If the business is solely operated or managed by a person other than the true owner, and the operator or manager is in full and complete charge of the business, his name shall be displayed in the prescribed manner.
[Ord. #677, §§ 10, 11]
If at any time the authority for issuing municipal licenses is vested in a person other than the City Clerk, the provisions of this section shall apply to the then issuing authority.
[Ord. #901, § 1]
If the City Council after due notice and opportunity to be heard determines that any person to whom a license has been issued under this Chapter has willfully violated, in conducting the business covered by the license, any law of the State of New Jersey or ordinance of the City, the City Council may suspend the license, for a period of time determined by the City Council, or may revoke the license.
[Ord. #597, § 1; Ord. #88-43, § 1]
The purpose of this section is to license various businesses, trades, professions and occupations conducted within the City of Ocean City and to charge license or permit fees in connection therewith.
[Ord. #597, § 2; Ord. #88-43, § 2]
DWELLING UNIT
Shall mean a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions of living, sleeping, eating, cooking, and sanitation.
IMMEDIATE FAMILY MEMBER
Shall mean mother, father, grandmother, grandfather, son, daughter, brother, sister, aunt and uncle.
[Ord. #597, § 3; Ord. #88-43, § 3; Ord. #90-11, § 1; Ord. #92-15]
License fees shall be paid annually to the City of Ocean City on or before the first day of June of each year for conducting businesses, trades, professions or occupations at the places designated on the license certificate issued in connection therewith. The annual license fee to be paid shall be in accordance with Schedule A attached hereto.
[Ord. #597, § 2; Ord. #88-6, § 2; Ord. #88-43, § 4]
a. 
Licenses shall be issued by the City Clerk on forms provided by the City. The licensee shall provide all information required on the mercantile application. When a license has been issued and the activity for which the license has been obtained is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his possession at all times and display it upon request of any person authorized to enforce the provisions of this section or any person with whom the licensee is doing business. Each licensee or occupant of a licensed premises shall provide reasonable inspection to appropriate officials of the City of Ocean City authorized to enforce the provisions of this section.
b. 
There shall be prominently affixed to every coin-operated machine a label, badge, decal or other similar item which shall be supplied by the City of Ocean City upon payment of the license fee. Said badge, label, etc. shall remain permanently affixed to the machine for which it was issued and shall not be transferable between or among machines except that within the same licensing year the Municipal Clerk may permit or issue or transfer a license from an existing vending machine to its replacement.
[Ord. #597, § 2; Ord. #88-6, 2; Ord. #88-43, § 5]
All licenses issued pursuant to this section shall be effective from June 1st to May 31st of the following year. In addition to the fee set forth in Schedule A, there shall be a late fee of twenty-five ($25.00) dollars imposed on any license fee not paid on or before June 1 of any year.
[Ord. #597, § 3; Ord. #85-15, § 1; Ord. #88-6, § 1; Ord. #88-43, § 6]
All information supplied by licensees on the mercantile application or related forms and documents shall be confidential and shall not be released or divulged to any person except as may be required by appropriate officials of the City of Ocean City in the discharge of their official duties.
[Ord. #85-18, § 2; Ord. #88-6, § 3; Ord. #88-43, § 7; Ord. #00-29, § 1]
All contractors, with the exception of piling contractors and demolition contractors, shall present to the issuing authority, prior to the issuance of a mercantile license, an insurance certificate indicating that the person, firm, corporation or partnership has personal injury liability insurance in a minimum amount of three hundred thousand ($300,000.00) dollars and property damage liability insurance in a minimum amount of one hundred thousand ($100.000.00) dollars per occurrence.
a. 
All piling contractors and demolition contractors shall present to the issuing authority, prior to the issuance of a mercantile license, an insurance certificate indicating that the person, firm, corporation or partnership has personal injury and property damage liability insurance in a minimum amount of one million ($1,000,000.00) dollars per occurrence.
The City of Ocean City as an interested party shall be notified of the cancellation or lapse of any policy. In the event that said policy is canceled or lapsed and is not immediately renewed or replaced, the mercantile license issued hereunder shall be revoked.
[Ord. #597, §§ 2, 8, 9; Ord. #88-43, § 8; Ord. #00-29, § 2]
Any violation of this section shall be punishable by a fine not to exceed five hundred ($500.00) dollars and/or imprisonment for a term not to exceed ninety (90) days.
SCHEDULE A
SCHEDULE OF RATES AND CERTAIN REGULATIONS FOR MERCANTILE LICENSES IN OCEAN CITY, NEW JERSEY
License for Each Establishment or Location: May be found in Chapter 30, Schedule A of these Revised General Ordinances.
[Ord. #709, § 1]
All mechanical amusements, machinery or mechanical devices located in this City shall be erected and constructed in a fireproof structure, and there no noise shall emanate from the structure to the outside from the operation of the mechanical amusements, machinery or mechanical devices, except as provided in subsection 5-3.4.
[Ord. #709, § 2]
The structure where the mechanical amusements, machinery or mechanical devices are operated shall have toilet facilities for men and women, the plumbing for which shall be in accordance with the plumbing code of this City and the construction of which shall be under the supervision of the Plumbing Inspector.
[Ord. #709, § 3]
The erecting or placing of any structure, mechanical amusement device or machinery and the operation thereof on the beach and on the ocean side of the Ocean Front Public Boardwalk is hereby prohibited.
[Ord. #709, § 4]
The construction, maintenance and operation of a mechanical amusement devices, machinery and other such devices is permitted on open platforms, behind or in connection with a building erected on the northwest side of the Ocean Front Public Boardwalk, provided those open platforms are constructed beginning at a point not less than seventy-five (75') feet from and in back of the northwest line of the Ocean Front Public Boardwalk, and provided these platforms are constructed at the same elevation with the Ocean Front Public Boardwalk, and provided further that any machinery, mechanical amusement or device shall be operated only by an electrical power unit not exceeding one horse power per unit.
[Ord. #709, § 5]
All mechanical amusements, machinery or mechanical devices electrically operated in or on any structure shall be supplied by electrical current through insulated pipe conduits laid three (3) feet beneath the ground. These conduits shall extend to the structure and then to the mechanical amusements, machinery or mechanical devices. The electrical work shall be inspected and supervised by the proper authorities of the City.
[Ord. #709, § 6]
Nothing contained in this section shall be deemed to repeal or alter any provision of the zoning chapter or any amendment thereto or supplement thereof, nor to modify or change any building code requirements.
[Ord. #5-79, § 1.6]
a. 
Definitions. As used in this section.
COIN-OPERATED AND NON-COIN-OPERATED AMUSEMENT MACHINES OR DEVICES
Shall mean any games of chance or skill whether machine operated or manual, including but not limited to pinball machines, pool, billiards, rifle or pistol target shooting, air hockey, simulated motor vehicle operations, aptitude testing, computer and/or electronic games.
ARCADE
Shall mean any building, structure or premises which has for its primary purpose or function, the offering of coin and non-coin-operated amusement machine or devices.
AMUSEMENT DECK
Shall mean any building structure or premises which has for its primary purpose or function the offering of amusement rides and which additionally, incidentally thereto may house, contain and offer coin-operated and non-coin-operated amusement machine and devices.
b. 
Enlarging Premises Prohibited. No holder of an Arcade License or Amusement Deck License shall be permitted to increase the square footage area of the existing licensed premises for, or as relates or applies to, the use of coin-operated and non-coin-operated amusement machines or devices. Nothing contained herein, however, shall prohibit such licensee from increasing the number of coin operated or non-coin-operated amusement machines or devices in the licensed premises consistent with local, State, and Federal fire and safety regulations, statutes or code.
c. 
Licenses Limited. There shall not be permitted to be issued any greater number of Arcade Licenses than presently in existence.
d. 
Number of Amusement Machines Limited; Exceptions. No licensee, other than an Arcade licensee or an Amusement Deck licensee, shall be permitted to have on his premises a greater number of coin-operated or non-coin-operated amusement machines or devices than he is then licensed to operate.
e. 
License Not Transferable. No Arcade License or other license to operate coin-operated or non-coin-operated amusement machine or devices shall be transferable, to any other person, corporation, partnership, organization, except in a case of sale or lease of the premises in which such machines are located. Nothing contained herein however shall prevent a licensee from transferring his license from one building, or premises to another for use by him as an arcade or amusement deck, provided that, in the event of such transfer the licensee shall not be permitted to devote any greater area to the use of coin-operated and non-coin-operated amusement machines or devices than was previously permitted to exist in the building or structure from which he is moving or being transferred.
f. 
Hours of Operation. No licensee of a non-arcade premises containing coin-operated or non-coin-operated amusement machines or devices shall permit them to be played between 12:00 midnight and 9:00 a.m. weekdays or between 12:00 midnight Saturdays and 9:00 a.m. Monday. Each coin-operated or non-coin-operated amusement machines or devices located in non-arcade premises shall have conspicuously displayed upon it a notice in capital letters at least four (4") inches in height containing the following language:
ORDINANCE NO. 5-79 PROHIBITS THE PLAYING OF THIS MACHINE AFTER 12:00 MIDNIGHT WEEKDAYS AND 12:00 MIDNIGHT SATURDAYS.
Failure to display the foregoing notice in accordance with requirements of this section shall constitute a violation of this section.
[Ord. #646, § 1]
No person shall engage in the business of conducting public auction sales of real estate or any interest therein in the City without first obtaining a license from the City.
[Ord. #646, § 2]
Application for this license shall be made to the City Clerk, who shall issue a license to any applicant who has complied with the regulations prescribed by this section.
[Ord. #646, § 3]
A license fee of one thousand ($1,000.00) dollars is hereby fixed as the fee of all auctioneers for a license to conduct public auction sales of real estate in the City. This license fee shall be paid annually to the City, due and payable on June 1 of every year and shall expire on May 31 following the date of its issuance.
[Ord. #646, § 4]
All applicants for licenses as prescribed shall register with the Clerk the name of the applicant, the address and place of business and, in the case of a corporation, the name of the registered agent upon whom process can be served.
[Ord. #646, § 5]
All applicants for licenses shall file with the City Clerk a surety bond, approved as to form and sufficiency by the City Solicitor, in the penal sum of five thousand ($5,000.00) dollars, payable to the City and its inhabitants, conditioned for the faithful observance of the law, government, order, protection of persons and property, and for the preservation of the safety and property of the City and its inhabitants.
[Ord. #646, §§ 6—12]
As a means of protection against fraud at public auction sales, the following regulations and requirements for the business of conducting auction sales are established.
a. 
At least ten (10) days prior to any sale of real estate at public auction by a duly licensed auctioneer, the auctioneer proposing to conduct the sale shall file with the City Clerk a description of the property to be sold, the date and place of the proposed sale, a sworn statement of the existing encumbrances, if any, against the property, including a statement of the taxes, assessments and interest thereon computed to the date of the sale, mortgages, judgments, liens, rights-of-way, easements and all encumbrances, liens or rights affecting the property.
b. 
The Clerk, upon receiving all filed statements as above, shall post them in a conspicuous place in the City Hall on the date of the filing.
c. 
At the time and place of any such sale and prior to the offering of any property for sale at public auction, the auctioneer shall audibly announce the facts as contained in any statement so filed or any changes therein, the terms of the sale, and a statement advising whether the proposed sale is to be "with reserve" or "without reserve," with a clear statement of the meaning of these terms.
d. 
Any sign, poster or billboard advertising any auction sale shall not contain any statement which misrepresents the facts or misleads the general public.
e. 
Any auctioneer desiring to conduct an auction sale in the City shall, in addition to the foregoing, file with the City Clerk a true copy of his authority to conduct the sale as given by the owner of the land to be sold.
f. 
Bidding by "puffers" or any person other than a bona fide bidder is hereby prohibited.
g. 
This section shall not apply to sales of any character made by order of any court of the State of New Jersey.
[Ord. #665, § 1]
Save as to sales under judicial process and sales under existing laws by persons licensed by the State of New Jersey or any department, agency or commission thereof, it shall be unlawful for any person to sell, dispose of or offer for sale in the City at public auction any platinum, gold, silver, plated ware, precious or semiprecious stones, watches, jewelry, clothing or merchandise, whether the same be his property or whether he acts as agent, factor or employee or others, unless and until the person desiring to hold sales of personal property at auction obtains a license therefor from the City Clerk.
[Ord. #665, § 2]
Any person desiring to engage in the business of conducting auction sales as herein defined shall file with the City Clerk a written application, under oath, on a form provided for that purpose, at least fifteen (15) days prior to the opening day of the auction business, together with a license fee of one thousand ($1,000.00) dollars, which shall entitle the applicant upon the granting of the license to engage in this business for a term of one year from the date of granting of the license.
[Ord. #665, § 3]
At the time the applicant submits the application and license fee, a bond with satisfactory surety in the sum of five thousand ($5,000.00) dollars shall be tendered, conditional on the observance of this section and for the indemnification of any purchaser at auction sales applied for suffering loss by reason of misrepresentation as hereinafter defined.
[Ord. #665, § 4]
The applicant shall consent to the forfeiture of the license in the event that the applicant or any of his agents are convicted of a violation of any provision of this section.
[Ord. #665, § 5]
No license shall be issued to any person who has been convicted of violating the laws of the State of New Jersey or of this revision, relating to auctions and auctioneers, or of fraud or deceit in the conducting of auctions, or for any false or fraudulent statements or representation made by any applicant for the purpose of procuring a license.
[Ord. #665, § 6]
Any applicant having met the requirements as prescribed shall be granted a license by the City Clerk for the term set out and in the event of a denial of the issuance of a license, the Clerk shall return the license fee and bond to the applicant.
[Ord. #665, § 7]
No person shall offer for sale or sell at auction any property as described in this section unless there is securely attached to each of the articles a tag or label upon which shall be plainly inscribed in English a true and correct statement of the kind and quality thereof. This tag or label shall remain securely attached to the merchandise and shall be delivered to the purchaser as a true and correct description and representation of the article sold, and shall be deemed prima facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of the articles sold.
[Ord. #665, § 8]
At the place of business where auction sales are held and at the sales, there shall be maintained a sales book which must be signed by the purchaser of each article at the time of the purchase, and before any other article shall be exposed for sale, opposite a description of the article sold, which description shall conform to the tag or label as required. Failure to maintain this sales book shall be sufficient cause for the immediate revocation of the license and, in the event that a sale has been declared to have been made but no purchaser comes forward and signs the book, the next highest bidder shall have the right to sign the sales book at the bid originally made by him and to demand and receive the article exposed for sale. The sales book shall be available for inspection during business hours.
[Ord. #665, § 9]
At the close of each week and before the opening of the auction business for the following week there shall be filed with the City Clerk on each Monday, an itemized list of the articles sold during the previous week's sale. Failure to file this sales list shall be deemed a violation of this section and the right to conduct further sales under the license shall be suspended during this delinquency.
[Ord. #665, § 10]
No business shall be conducted or operated on Sunday and a failure on the part of the licensee to faithfully observe the provisions of this revision regarding the conducting of business on Sunday shall be deemed sufficient cause for the revocation of the license.
[Ord. #665, § 11]
If any purchaser within forty-eight (48) hours makes a claim against a licensee on the grounds that the article sold to him at auction was not as represented by the auctioneer, and demands of the licensee the return of the money or other consideration, and offers to return the article purchased, then the licensee shall return to the purchaser the purchase price, or deposit with the Chief of Police, taking his receipt therefor, the purchase price as a fund to answer and pay any judgment that may be recovered against the licensee by the purchaser; provided that if no action is commenced against the licensee within fifteen (15) days from the date of sale, the Chief of Police shall not be required longer to hold any money deposited with him, and upon presentation of the receipt may return the money to the licensee; provided further that in case the licensee shall refuse to return on demand the price paid for the article, the purchaser shall have the right to commence and maintain an action directly on the bond provided for by this section, in the name of the City of Ocean City.
[Ord. #665, § 12]
It shall be unlawful to conduct auction sales of any merchandise between the hours of 6:00 p.m. and 8:00 a.m., excepting that during the period of the year when Daylight Saving Time is effective it shall be unlawful to conduct such sale between the hours of 7:00 p.m. and 8:00 a.m.
[Ord. #665, § 13]
The Director of Public Safety may temporarily suspend the license of any licensee whenever, in his judgment, the protection of the public requires that such action be taken, and he may revoke a license whenever in his judgment the protection of the public requires that such action be taken; provided that revocation may be made only after reasonable notice has been given to the licensee and charges in writing preferred against him setting forth the complete facts of the reasons for the revocation, and after an opportunity has been granted to the licensee to appear at a public hearing at which he shall be permitted to be heard.
[Ord. #665, § 14]
The director shall revoke the license of any licensee after a conviction for a violation of this section and an appeal taken from the conviction shall not operate as a stay of the revocation.
[Ord. #13-81, § 1]
As used in this section:
ALARM BUSINESS
Shall mean any person engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, monitoring, moving, or installing any alarm system, or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, monitored, moved, or installed an alarm system in or on any building place or premises.
AUDIBLE ALARM
Shall mean a local system that generates an audible sound beyond the business premises or residential unit or dwelling.
BURGLAR ALARM AND FIRE ALARM SYSTEMS
Shall mean any and all systems installed in the City of Ocean City that, when activated, emit a sound beyond the business premises or residential unit or dwelling protected by such devices, and/or transmit a signal or message to another location, or the Ocean City Police Department, for the purpose of summoning an emergency from the Police or Fire Department or any other emergency service.
FALSE ALARM
Shall mean an activated alarm or alarm signal from any alarm system which is responded to by the Police Department or Fire Department but for which no emergency situation exists, or where there is no evidence to indicate that there was an emergency situation as determined by the responding officer. "False alarm" shall not include those alarms actuated by extraordinary meteorological, atmospheric, or other conditions or means, as determined by the respective Police or Fire Chiefs.
PERSON
Shall mean any individual, partnership, corporation, or other entity.
[Ord. #13-81, § 2]
a. 
Alarm Systems. No person shall install or cause to be installed any alarm system, or use or possess any alarm system, without first applying for and receiving a permit in accordance with the provisions of this section.
b. 
Upon passage of this section, any person having an alarm system not on file in the Police Department shall apply and obtain a permit for the continued use of that system.
c. 
Exemptions. The provisions of this section shall not be applicable to audible alarms affixed to automobiles.
Non-profit organizations and audible alarms shall be exempt from the fees of subsection 5-6.5a only.
[Ord. #13-81, § 3]
a. 
Alarm System Standards. The Chief of Police may prescribe minimum standards for the construction and maintenance, and may require the inspection and approval of all or any alarm systems installed within the City. Any alarm system shall meet or exceed such standards at all times.
b. 
False Alarm Reports Required. A report shall be filed with the respective Police or Fire Chiefs for each and every alarm transmitted if requested by the Chief; such report shall contain all the information specified by the Chief. Where the alarm system is serviced by an alarm business, the report shall be made by such alarm business. Where a proprietor alarm is involved, the report shall be made by the permittee.
c. 
Audible Alarm Requirements. Every person owning or maintaining an audible alarm shall post a notice containing the name and telephone number of the persons to be notified to render repairs or services during any hour of the day or night the alarm rings. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building. In addition to the posting requirements referred to in this subsection, the occupant of the premises upon which any audible alarm is installed shall notify the Police Department of his name and the telephone number at which he may be reached at any time of the day or night. The alarm company or owner of any audible alarm shall be responsible for deactivating any alarm within one hour after the notification or after reasonable efforts have been made to notify the owner or alarm business that such alarm has been activated and is ringing. The ringing of any alarm for a period in excess of one hour after such notification, or efforts of notification have been made, is hereby declared to be a public nuisance and subject to prosecution.
d. 
Every audible alarm installed shall have a timing device which automatically shuts off the alarm within thirty (30) minutes after it is activated.
e. 
The obligation for the maintenance, repair, upkeep and continuing operation of alarm systems shall be the sole responsibility of the person having had the system installed.
f. 
An alarm business, upon written request by the Police Department, shall provide a service history of a particular alarm system within five (5) days.
[Ord. #13-81, § 4]
a. 
Issuing Authority. The issuing authority shall be the Police Chief.
b. 
Application Forms. Applications for all permits required under this section shall be filed with the Police Chief. The Police Chief shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application shall require the name, address, and telephone number of the person who will render service and/or repairs during any hour of the day or night. This data must be kept current at all times by notification to the Police Department by the owner of the alarm system.
c. 
Permits Required. All "persons" having property in Ocean City protected by an alarm system of any type must obtain a permit and comply with this section.
d. 
No alarm business shall install or service an alarm system where a valid permit does not exist.
[Ord. #13-81, § 5]
Permits may be suspended or revoked for, but not limited to, the following:
a. 
The violation of any of the provisions of this section or the failure to comply with such provisions.
b. 
Failure to pay the service charges billed pursuant to subsection 5-6.6.
c. 
When any alarm system activates more than four (4) alarms during any calendar year.
d. 
Upon the failure of the alarm system its owner, user or subscriber to de-activate a ringing audible within one hour after notification, or reasonable efforts of notification thereof.
e. 
A malfunctioning alarm system that remains unrepaired over seventy-two (72) hours after reasonable effort of notification has been made.
[Ord. #13-81, § 6]
a. 
Police and Fire Response Service Charges.
1. 
Subscribers and permittees of alarm systems. A service charge of fifteen ($15.00) dollars shall be paid to the City by each subscriber of an alarm system or permittee of an alarm system for a second response made to the location of a false alarm by the Police or Fire Department during the same calendar year. A service charge of thirty ($30.00) dollars shall be similarly paid to the City upon the third response made to the location of a false alarm by the Police or Fire Department during the same calendar year and a service charge of sixty ($60.00) dollars shall be similarly paid to the City upon the fourth and each subsequent response made to the location of a false alarm by the Police or Fire Department during the same calendar year.
2. 
Billing. The Police Department shall cause to be issued a monthly bill for the unpaid service charges accrued during the billing period and any prior periods. Such bill shall be due and payable within fifteen (15) days after the billing date. Past due charges will be subject to one (1%) percent per month.
[Ord. #13-81, § 7]
Every owner, user or subscriber of an alarm system having a permit for the system revoked by the City, pursuant to subsection 5-6.5, shall be entitled to apply for a permit to operate, use or maintain said system upon the following terms and conditions:
a. 
Any past due fees and charges owing to the City relating to alarm systems have been paid.
b. 
A permit fee pursuant to subsection 5-6.6 shall be paid to the City.
c. 
All grounds for the revocation of the earlier permits have been corrected to the satisfaction of the Police or Fire Chief including, but not limited to, the installation and use of recommended devices on each alarm system where the permit was revoked due to excessive false alarms.
d. 
A report of the corrective measures taken must be filed with the Chief of Police
[Ord. #13-81, § 8]
a. 
Penalty. Any person violating any of the provisions of this chapter shall, upon conviction in the Municipal Court of the City of Ocean City, be liable to the penalty stated in Chapter 1, Section 1-6.
b. 
Enforcement. The conviction or punishment of a person for violations of the provisions of this section, or for failing to secure a permit as required by this section, shall not relieve such person from paying the permit fee or service charge. All remedies shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this section. The amount of any permit fee or service charge shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent thirty (30) days after they are due and payable.
[1]
See also Section 5-8, Handyman's License.
[Ord. #10-80, § 1]
This section shall apply to any person engaged in the business of construction, reconstruction. repair, remodeling or alteration of any building or structure within the City, not otherwise governed by New Jersey Law P.L. 1977, Chapter 467 known as "The New Home Warranty and Builder's Registration Act," or Section 5-8, Handyman's License.
[Repealed by Ord. No. 88-29.]
[Repealed by Ord. No. 88-29.]
[Repealed by Ord. No. 88-29.]
[Repealed by Ord. No. 88-29.]
[Ord. #10-80, § 6]
The fee for every new or renewed builder's license shall be three hundred ($300.00) dollars. Every such license shall expire on June 1 annually. The license shall entitle the holder thereof to be known as designated as a "registered builder" of the City of Ocean City. The license shall apply only to the person, firm, association or corporation so licensed and shall not be transferable. No person, firm, association or corporation shall acquire a license from the City Clerk until the person, or a member of the firm, association or corporation has been certified by the Builder's Examination Board, as provided above.
[Ord. #16-82, § 1; Ord. #88-29, § 2]
Any person, firm, association, or corporation engaged in the business of construction, reconstruction, repair, remodeling or alteration of any building or structure within the City shall obtain public liability insurance covering its agents, servants and employees for personal injuries or property damage in an amount of at least one hundred thousand ($100,000.00) dollars per person, three hundred thousand ($300,000.00) dollars per occurrence for bodily injury liability; and at least fifty thousand ($50,000.00) dollars per occurrence for property damage liability. Completed operations coverage for the same limits shall also be required. Prior to the issuance of any license, the licensee shall issue proof of the insurance requirements to the City Clerk.
[Ord. #10-80, § 7]
It shall be unlawful for any person, firm, association or corporation to allow his, their or its name to be used by any other person, firm, association or corporation directly or indirectly for the purpose of obtaining a permit for any construction, reconstruction, remodeling, repairing or alteration of any building or structure within the City.
[Ord. #10-80, § 8]
It shall be posted in the office of the City Clerk, and the office of the Construction Official, a list designated as the "Registered Builder's List" of the City of Ocean City containing the name and address of all builders registered by the City.
[Repealed by Ord. No. 88-29.]
[Repealed by Ord. No. 88-29.]
[Repealed by Ord. No. 88-29.]
[Ord. #10-80, § 12]
Any person, firm, association or corporation violating the provisions of this section shall be subject to a fine not to exceed two hundred ($200.00) dollars, on the first offense, and a fine not to exceed five hundred ($500.00) dollars on a second or subsequent offense.
[Ord. #4-82, § 1]
All pertinent regulations of the City are hereby amended to permit a classification of "handyman" which term is used in its commonly or generally accepted sense and shall in this section be construed to apply to persons of both sexes.
[Ord. #4-82, § 2; Ord. #88-13, § 1; Ord. #92-15]
The annual mercantile license fee for a handyman is established in Chapter 30, Schedule A of these Revised General Ordinances.
[Ord. #4-82, § 3]
Persons under the handyman classification shall be permitted to do fencing, painting, roofing, siding, minor non-structural carpentry and such similar activities providing the job value and/or contract price and/or reasonable value of the repair or improvement (whichever of the foregoing is more) does not exceed the sum of two thousand five hundred ($2,500.00) dollars. This two thousand five hundred ($2,500.00) dollar sum shall include both labor and materials. Persons holding the handyman classification are expressly prohibited from doing electrical work, plumbing work or any other profession or trade which is licensed by the State of New Jersey unless such persons in fact hold such a license.
[Ord. #4-82, § 4]
A job or project shall not be fragmented or broken up into separate component parts so as to avoid the two thousand five hundred ($2,500.00) dollar limitation set forth above.
[Ord. #4-82, § 5]
All applicable regulations of any governmental authority or subdivision thereof shall be applicable to persons holding the handyman classification including but not limited to requirements for building permits, filing of plans, compliance with applicable codes and compliance with regulations governing multiple occupancy dwellings.
[Ord. #4-82, § 6]
For any job or project where a permit is required from the Construction Official, in addition to the other requirements, persons, holding the handyman classification shall furnish a copy of the contract under which they are performing the work or if the contract is oral, a certification of the terms thereof. For jobs or projects without a fixed price agreed to in advance, at the conclusion of the job or project, the Construction Official shall be provided with a certification of the total cost of the job.
[Ord. #4-82, § 7]
Persons holding the handyman classification and their agents, servants and employees are required to be covered by public liability insurance. Policy or policies of liability insurance shall provide coverage for public liability of at least one hundred thousand ($100,000.00) dollars per person, three hundred thousand ($300,000.00) dollars per occurrence for bodily injury liability and at least fifty thousand ($50,000.00) dollars per occurrence for property damage. Completed operations coverage with the same limits is also required.
[Ord. #4-82, § 8]
Prior to the issuance of any handyman license, or the renewal thereof, there shall be exhibited to the City Clerk evidence that such coverage is in full force and effect. The City Clerk, Construction Official or other authorized City official may at any time require the actual policy or policies of insurance be presented to them for their inspection and review.
[Ord. #4-82, § 9]
A license may be revoked or suspended for violation of the terms of this section, failure to perform work contracted for in a proper and workmanlike manner or for other conduct contrary to the public health, safety and welfare. Upon written complaint of the Construction Official, his designee or any affected member of the public specifying the charges and upon at least ten (10) days notice to the license holder a hearing shall be held before the City Engineer or such other qualified impartial person as may be designated by him. All parties shall have opportunity to be heard at such hearing. Based upon such hearing, the hearing official shall make a written determination as to whether such license should be suspended or revoked.
[Ord. #3-82, § 1]
It shall be unlawful for any person to engage in the warm air heating, ventilating, air conditioning business or conduct or engage in the business of erecting, constructing, reconstructing, repairing or installation of any HVAC plant or unit of any kind in the City unless such person shall furnish the Construction Code Official of this City, a certificate from an examination board certifying that such person is qualified to engage in this business. For the purpose of licensing a corporation, association or partnership, it shall be sufficient if one of the individuals of said corporation, association or partnership is so licensed.
[Ord. #3-82, § 2]
Every such person qualified as herein provided shall receive from the examination board a certificate which shall entitle the person, firm, association or corporation to be licensed by the Construction Official to engage in and carry on the business of erecting, constructing, reconstructing, repairing or installation of warm air heating, ventilating, and air conditioning, (HVAC) in the City.
[Ord. #3-82, § 3]
The Construction Official of the City is hereby authorized to issue any such license upon the delivery to him of the certificate and payment of the license fee, as herein provided. Every such license shall expire on June 1 annually. This license shall entitle the holder thereof to be known and designated as a Master HVAC Mechanic. The license shall only apply to the person, firm, association or corporation so licensed, and the license shall not be transferable. Any license issued to a corporation, association or partnership shall state the name of its Master HVAC Mechanic employee or partner. In the event that the employment or association of the Master HVAC Mechanic is permanently terminated, the license issued to the corporation, association or partnership shall lapse, unless another employee or partner is qualified and designated as a Master HVAC Mechanic within sixty (60) days of termination of employment or association of the original Master HVAC Mechanic. If there is a change in the business location of the licensee, the Construction Code Official shall be notified and the new address shall be noted on the license.
[Ord. #3-82, § 4]
It shall be unlawful for any person, firm, association, or corporation to allow the use of his, their, or its name, by any person or persons, directly or indirectly, for the purpose of obtaining a permit to do any work defined under this section.
[Ord. #3-82, § 5]
There shall be posted in the Office of the Plumbing Sub-Code Official in the City of Ocean City, a list of the names and addresses of licensed Master HVAC Mechanics.
[Ord. #3-82, § 6]
An examining board consisting of Ocean City Plumbing Sub-Code Official, the Ocean City Fire Sub-Code Official, the Ocean City Electrical Sub-Code Official shall be appointed by the Construction Official. The examining board shall examine any person, or representative of any corporation, association, or partnership desiring to conduct or engage in the business of erecting, constructing, reconstructing, repairing, installing warm air heating, ventilation or air condition plant in the City of Ocean City.
[Ord. #3-82, § 7]
The examination board shall as soon as practicable, adopt rules and regulations for the examining of applicants for licenses under this section, and they shall formulate the necessary questions for the examination of all such applicants.
[Ord. #3-82, § 8]
Applications for licenses shall be made to the Plumbing Sub-Code Official who, upon receiving the applicant, shall file the same and advise the applicants of the date of the examination. The application shall be accompanied by a non-refundable application fee in the amount of twenty-five ($25.00) dollars payable to the City of Ocean City. The applicant shall present himself at the time designated, to the examining board and submit to the examination provided by them. Any applicant successful in the examination shall be certified as provided in subsection 5-9.2. Any unsuccessful applicant shall be permitted to take a re-examination not less than thirty (30) days after taking any prior examination.
[Ord. #3-82, § 9; Ord. #92-15]
The fee per year for all new licenses and all renewal licenses shall be as established in Chapter 30, Schedule A, of these Revised General Ordinances, payable to the City of Ocean City.
[Ord. #3-82, § 10]
No journeyman HVAC or other laborer shall be permitted to do any work stipulated under this section, unless it is done under the direction and supervision of a registered Master HVAC Mechanic.
For purposes of this section journeyman shall mean any person or persons engaged in the work of installing any HVAC installation or repairing or altering the same, other than a licensed Master HVAC Mechanic.
[Ord. #3-82, § 11]
Any person, firm, association or corporation violating the provisions of this section shall be subject to a fine not to exceed two hundred ($200.00) dollars on the first offense, and a fine not to exceed five hundred ($500.00) dollars on a second or subsequent offense.
[Ord. #3-82, § 14]
Persons holding the Master HVAC Mechanic classification are required to be covered by public liability insurance. Policy or policies of liability insurance shall provide coverage for public liability of at least one hundred thousand ($100,000.00) dollars per person, three hundred thousand ($300,000.00) dollars per occurrence for bodily injury liability and at least fifty thousand ($50,000.00) dollars per occurrence for property damage.
[Ord. #492, § 10]
As used in this section:
HORSE
Shall mean any horse, mare, gelding, filly or colt.
PONY
Shall mean any horse which is twelve (12) hands in height or under.
[Ord. #492, §§ 1—2]
No person shall hire out, keep or use for hire, or cause to be kept or used for hire, any horse or pony, whether for the purpose of riding or driving for pleasure within the City, without first obtaining a license therefor in accordance with this section and paying the license fee required in the mercantile license fee schedule in subsection 5-2.6.
[Ord. #492, § 3]
Every person licensed under this section shall be of good character and reputation, and a license shall be granted only upon production of evidence of financial responsibility of the applicant or of insurance against damages to patrons and further evidence that the applicant has been a resident of the City for at least one year next preceding the date of application for license.
[Ord. #492, §§ 4—8; Ord. #719, § 1]
a. 
A license hereunder shall not grant any use of the streets, avenues or highways in the City inconsistent with the laws of the State of New Jersey and the ordinances of the City.
b. 
This license shall not be transferable.
c. 
This license shall expire annually on June 1.
d. 
The license issued hereunder or a duplicate thereof shall be kept posted at each place from which the letting or hiring is conducted.
e. 
The City Clerk is authorized to issue not more than twenty-five (25) licenses for horses and fifteen (15) licenses for ponies.
f. 
Each animal offered for hire shall be physically fit for this purpose and be subject to examination by a veterinarian upon order of the Health Officer of the City. These animals shall be kept under sanitary conditions and when exposed for hire shall be kept reasonably protected from insects and pests.
g. 
Each person so licensed shall keep at least ten (10%) percent of the number of horses or ponies licensed and in no case less than two (2) available for hire all the year or upon failure to do so shall not be granted license for the succeeding year.
h. 
No person shall ride, drive, lead or otherwise cause or permit any pony or horse to be upon any private or public lands within the City; provided this section shall not prohibit the legal use of these animals on and along the public streets or in stables and places owned or leased by the owners of these animals when the stables and places are conducive to the public health and welfare.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1036, 5-82, 86-9, 08-21, 10-04 and 11-29.
[Ord. #2015-30 § 1]
The purpose of this section is to:
a. 
Maintain the quiet, peaceful atmosphere of the City.
b. 
Discourage and/or prevent unethical and dishonest business practices, and
c. 
Provide for, and promote the general health, safety and welfare of the citizens and residents of Ocean City.
[Ord. #2015-30 § 1]
It is the intention of the City of Ocean City to award, to the highest qualified bidder(s), a limited number of concession licenses for the purpose of sales of food, ice cream and beverage related products at designated City owned street ends and designated rights-of-way during the established summer season.
[Ord. #2015-30 § 1]
As used in this section:
BICYCLE CART
Shall mean any form of box or container placed upon or mounted on a bicycle frame, with three (3) or more wheels and chain driven and approved by the County Department of Health.
MOTOR VEHICLE
Shall be defined in accordance with N.J.S.A. 39:1-1 et seq.
PEDDLERS, HAWKERS AND VENDORS
Shall mean and include any person, whether a resident of the City or not, walking, standing, sitting, or traveling by vehicle or otherwise, from street to street, from place to place, selling, displaying for sale or offering for sale any items, merchandise, product or food substance of any kind.
PERSON
Shall mean and include the singular and the plural and shall also mean and include any person, firm or corporation, association, club, co-partnership or society, or any other organization.
VEHICLE
Shall include both motor vehicles and bicycle carts.
[Ord. #2015-30 § 1]
a. 
The number of licenses issued annually for bicycle carts to peddle food or food related products, shall be limited to ten (10).
b. 
All licenses issued under this section shall be non-transferable without the prior written permission of both the City's Business Administrator and Purchasing Manager. Each license shall bear the number of the vehicle to which it is issued and each vehicle shall display a distinct number.
c. 
The annual license fee must be paid by April 30th of the current year.
[Ord. #2015-30 § 1]
The Licensing Office shall issue to each licensee at the time of delivery of his license, a badge, which shall contain the words "Licensed Peddler" and "Ocean City" and the year of the current issue, which badge shall, during the time such licensee is engaged in peddling, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous. Badges shall only be issued during specific day(s) and time(s) to be designated by the Licensing Office. The number of badges issued to any one business shall be limited to a total of two (2) per vehicle. Each additional badge or replacement badge shall be charged a set fee as provided in Schedule A.[1]
[1]
Editor's Note: Schedule A may be found in Chapter 30 of these Revised General Ordinances.
[Ord. #2015-30 § 1]
Operators are required to wear their licenses during hours of operation and are required to exhibit their licenses at the request of any citizen with whom they seek to do business.
[Ord. #2015-30 § 1]
a. 
Food products sold from both motorized and bicycle carts shall be limited to the following items: hot dogs, hamburgers, cold sandwiches, soda, water, candy, soft pretzels, potato chips, popcorn, cake, ice cream products, water ice and other frozen confectionary products.
b. 
No person, whether licensed hereunder or not, shall be permitted to engage in activities described in subsection 5-11.3 before the hour of 10:00 a.m., prevailing time, or after 6:00 p.m. in any particular day.
c. 
No person, whether licensed hereunder or not, shall double park a vehicle of any type upon a public roadway or street for the purpose of engaging in the activities described herein per N.J.S.A. 39:4-128.7.
d. 
No person, whether licensed hereunder or not, shall park a vehicle or, except in an area designated for parking, for the purpose of engaging in the activity described herein per N.J.S.A. 39:4-128.7.
e. 
No person, whether licensed hereunder or not, shall park a vehicle in any area designated for parking for a period exceeding thirty (30) minutes, during any hour of the day at permitted "beach" street end or designated space. The thirty (30) minutes starts at the time of arrival. A vehicle may not return to same location for a period of one (1) hour from the time of departure. For example, if a vendor arrives at 10:00 a.m. and departs at 10:30 a.m., it cannot return until 11:30 a.m. to that location.
f. 
No person licensed under this section shall sell or offer for sale any product within two hundred (200') feet of any food-related retail or wholesale establishment or business, nor in any location not included on the list of approved street ends and locations distributed by the City to licensees on an annual basis.
g. 
No person operating either a motorized vehicle or bicycle cart shall utilize any device other than a hand bell as approved by the City of Ocean City for the purpose of selling or assisting in the sale of any product listed in connection with this section. The hand bell may not be rung for more than five (5) seconds at any given time for a maximum of two (2) consecutive ringings. Repetitive bell ringing shall be strictly prohibited. The actual sale of any products by the licensees or their agents on any portion of the beach, beach ramp, dune walkovers, or the boardwalk within the City shall be strictly prohibited. Any activity assisting in the sales of any products on any portion of the beach within the City shall not occur within a minimum of fifty (50') feet of any beachgoer. Additionally, any activity assisting in the sales of any products on any portion of the beach ramp, dune walkovers or the boardwalk within the City shall not occur within a minimum of twenty (20') feet of any beachgoer. The usage of handheld signs and loud yelling either on the beach or at the beach entrances shall be strictly prohibited.
h. 
No person licensed under this section shall sell or offer for sale any product within five hundred (500') feet of any property used as a school from one (1) hour before the regular school day to one (1) hour after the regular school day; provided, this subsection shall not apply on days when school is not attended by children nor on school property when vending has been approved in writing by the Board of Education.
i. 
No more than one (1) motor driven vehicle and one (1) bicycle cart may be stopped at one (1) location for the purpose of selling food-related items in accordance with this section. (Example, two (2) bicycle carts or two (2) motor vehicles at the same location, at the same time is prohibited)
j. 
The name of the company and telephone number shall be clearly marked and visible on each vehicle. All signage shall be professionally produced and approved by the City as to clarity and visibility.
k. 
The price(s) of the product(s) shall be clearly visible on each vehicle.
l. 
No person, whether licensed hereunder or not, shall park a motor-driven vehicle or bicycle cart that prohibits access to a pedestrian or vehicle egress or within twenty-five (25') feet of such access.
m. 
No person operating either a motorized vehicle or bicycle cart shall utilize any music or prerecording for the purpose of selling or assisting in the sale of any product listed in connection with this section.
n. 
All persons selling or assisting in the sale of any product listed in connection with this section without being properly attired. Shirts must be worn at all times. Sleeveless shirts are prohibited.
o. 
All vehicles and bicycle carts shall require proof of current, satisfactory Cape May County Board of Health inspection.
p. 
All motor vehicles shall require both satisfactory New Jersey Motor Vehicle Commission and Ocean City Police Department inspections.
[Ord. #2015-30 § 1]
a. 
The initial term of the license shall be awarded for a period of twelve (12) months. Providing that the licensee is not in violation of the section, the license may be extended for an additional twenty-four (24) month period, but shall not exceed a maximum term of thirty-six (36) months in accordance with N.J.S.A. 40A:11-15(22). The option for renewal shall be at the sole discretion of the City and shall be based upon the recommendation of the City Administration and the approval of the City Council.
1. 
Prior to any renewal, all holders of a peddler's license issued by a County Clerk of the State of New Jersey in accordance with N.J.S.A. 45:24-9, et seq. shall produce and submit to the City's License Inspector proof of residency as required under N.J.S.A. 45:24-9, et seq.
b. 
The City shall notify the vendor a minimum of sixty (60) days prior to the expiration of the license of its intent to extend the license for the maximum time period.
c. 
In the event that the City decides to terminate the license prior to its expiration, the licensee shall be notified in writing. Notification shall occur no less than ninety (90) days prior to the established date of termination. In the event of termination, except termination as a result of proceedings under subsection 5-11.9, licensee shall be entitled to continue operation for the balance of the current license year. The City shall not have any liability for any subsequent license years that may have remained under the original license.
[Ord. #2015-30 § 1]
a. 
Licenses issued under the provisions of this section may be revoked after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation, or false statement, made under this section;
2. 
Fraud, misrepresentation, or false statement, made in the course of carrying on his business as a licensee under this section;
3. 
Any violation of this section;
4. 
Conviction of any crime or offense involving moral turpitude;
5. 
Conducting business as a licensee under this section in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public;
6. 
Failure to pay fees by established date of April 30th of current year.
b. 
Notice of the hearing for revocation of a license shall be given in writing, specifically setting forth the grounds of complaints and the time and place of hearing. Such notice shall be mailed, to the licensee at his last known address at least five (5) days prior to the date set for this hearing. (The address given on the license shall be prima facie evidence of his last known address.) The licensee shall be entitled to representation by counsel, and shall have the right to cross-examine witnesses and produce testimony on his behalf. Licensees whose license is revoked pursuant to this section shall have no right to continue operation or receive any refund of license fees paid.
[Ord. #2015-30 § 1]
The Department of Police shall report to the Licensing Office all convictions for violation of this section and the Licensing Office shall record the reports of violations on the record of the licensee.
[Ord. #2015-30 § 1]
a. 
At the time of the issuance of the license, each licensee shall pay a Mercantile License Fee as follows:
1. 
Motor Vehicle Vending License - Three hundred ($300.00) dollars per truck/motor vehicle.
2. 
Bicycle Cart Vending Licenses - One hundred fifty ($150.00) dollars for the first licensed cart and seventy-five ($75.00) dollars per each additional bicycle cart.
3. 
Each mercantile license fee holder shall pay an added tourism assessment fee, which shall be fifty (50%) percent of the cost of the Vending License Fee set forth above.
[Ord. #2015-30 § 1]
a. 
Licensees shall maintain a base of operation (depot) where vehicles will be stored and/or housed during off hours. Depots shall be in strict conformance with all applicable zoning and health codes of the State of New Jersey, and the county and municipality within which the depot is located.
b. 
Each licensee shall be required to supply to the City a listing and a photograph of the motorized vehicles and bicycle carts that are to be utilized hereunder. Each motorized vehicle and bicycle cart shall display a number, which number will be noted on the license corresponding to such vehicle or bicycle cart. All motor vehicles shall be properly licensed by the State of New Jersey and shall be registered and inspected for use as prescribed in N.J.S.A. 39:3-64.1.
[Ord. #2015-30 § 1]
Notwithstanding any other provision of this section, the number of licenses to sell or exhibit for sale balloons of any sorts at any locations on the Ocean City Boardwalk, shall be limited to five (5). The license issued by the Licensing Office shall designate a street end or area where the licensee shall be authorized to sell balloons. The licensee must remain at that street end or area and shall not be permitted to sell balloons on any other area of the boardwalk.
[Ord. #2015-30 § 1]
Persons honorably discharged from the military service possessing a peddler's license issued by a County Clerk of the State of New Jersey in conformity with N.J.S.A. 45:24-9 and 10 are authorized to vend products in accordance with this section upon the submittal and approval of the required forms and the payment of the processing and records fee. Complete applications shall be received no sooner than February 1st of the current calendar year and no later than April 30th of current calendar year.
a. 
At the time of the issuance of the license, each licensee shall pay a processing fee as follows:
1. 
Motor Vehicle Vending License — Two hundred fifty ($250.00) dollars per truck/motor vehicle.
2. 
Bicycle Cart Vending License — One hundred ($100.00) dollars per licensed bicycle cart.
[Ord. #2015-30 § 1]
All licensees licensed under this section shall maintain a Public Liability Insurance Policy, covering all motor vehicles and/or bicycle carts to be licensed, for personal injury and property damage as follows:
a. 
General Liability Insurance.
1. 
General liability limits of one million ($1,000,000.00) dollars each occurrence and one million ($1,000,000.00) dollars aggregate products and completed operations.
b. 
Automobile Liability Insurance.
1. 
Automobile liability insurance covering contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than one million ($1,000,000.00) dollars any one person and one million ($1,000,000.00) dollars any one accident for bodily injury and one million ($1,000,000.00) dollars each accident for property damage, shall be maintained in full force during the duration of the contract.
c. 
Worker's Compensation Insurance.
1. 
Workers Compensation Insurance shall be maintained in full force during the life of the contract, covering all employees engaged in the performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.S.C. 12:235.
Prior to the issuance of any license the licensee shall issue proof to the Mercantile Office of these insurance requirements. If coverage expires during the term of the license for any reason, proof of renewal or replacement coverage shall be provided to the Mercantile Office prior to the date the initial coverage expires.
[1]
Editor's Note: Former Section 5-12, Rolling Chairs, previously codified herein and containing portions of Ordinance Nos. 87-19 and 92-15, was repealed in its entirety by Ordinance No. 93-31.
[Ord. #11-82, § 1]
It is the decision of the City Council that the use and operation of certain types of sailboats on the beaches of Ocean City should be permitted but limited and controlled in order to protect the safety, health and wellbeing of all persons using the beaches.
[Ord. #11-82, § 2]
As used in this section:
CATAMARAN SAILBOAT
A Catamaran type sailboat shall mean a sailboat of twin pontoon construction and is a vessel or water craft capable of being used as a means of transportation on water and propelled wholly by sails. Specifically excluded from use upon the beaches are boats or power vessels temporarily or permanently equipped with machinery for propulsion.
OPERATE
Shall mean to navigate or possess or otherwise use a sailboat.
OWNER
Shall mean a person other than a lien holder having the property interest in or title to a sailboat. The term includes a person entitled to the use or possession of the sailboat.
SINGLE HULLED SAILBOAT
A single-hulled sailboat shall mean a seaworthy vessel or other water craft with a single hull capable of being safely operated in the surf and surrounding waters which is essentially equivalent to a Sailfish or Sunfish. This definition specifically excludes vessels with hulls of unprotected styrofoam or similar plastic foam material. Said vessels or crafts must be propelled only by sails and cannot either temporarily or permanently be equipped with machinery for propulsion.
[Ord. #11-82, § 3]
All rubber or canvas type rafts or surfboards are exempted from this section by reason of their being otherwise regulated.
[Ord. #11-82, § 4]
Every owner and every operator of a permitted sailboat as defined above shall be required to obtain a license from the City of Ocean City before bringing or permitting to be brought or using any sailboat on any beach or in the surf in the City.
[Ord. #11-82, § 5]
All licenses for the use and operation of sailboats shall be issued by the City Clerk. Owners of real property in the City shall have preference in the issuance of the licenses. Licenses shall be for a term of one (1) year, from May 1 of the year of issuance to May 1 of the following year. These licenses shall be automatically renewed for one (1) additional year if the required fee for the license is forwarded to the City Clerk prior to the date of expiration of the license.
[Ord. #11-82, § 6; Ord. #07-39, § 1]
The City Clerk shall provide application forms for all licenses. The forms shall provide as follows:
a. 
Applicants shall be at least sixteen (16) years of age.
b. 
Applicants must pass an appropriate test given and supervised by such person or persons as may be designated by the Fire Chief or his designee.
c. 
The sailboat shall not be more than eighteen (18') feet in length and a complete description setting forth make, number (if any), color of hull and color of sails, and design shall accompany the application.
d. 
The licenses issued or to be issued by the City shall not be transferable.
e. 
Each owner shall submit to the Clerk, together with the application a paid-up insurance policy covering public liability for injury to any person or persons in the amount of fifty thousand ($50,000.00) dollars per person per occurrence; one hundred thousand ($100,000.00) dollars per occurrence. Nothing contained herein shall be construed to limit the acquisition of additional coverages.
f. 
The license number issued by the City shall be permanently painted or otherwise attached to the sailboat.
g. 
Every operator of any permitted sailboat, shall while operating the sailboat have in his possession, or shall have conspicuously displayed on the sailboat his operator's license.
h. 
Failure of any operator to have and to produce his operator's license, and to produce the owner's license when requested by an appropriate enforcement authority shall be a violation of this section.
[Ord. #11-82, § 7; Ord. #92-15]
Catamaran type sailboat owner's annual license fee and single hull sailboat annual license fees shall be as established in Chapter 30, Schedule B of these Revised General Ordinances and shall be payable in advance.
Catamaran type sailboat operator's annual license fee and single hull sailboat operator's annual fee shall be as established in Chapter 30, Schedule B of these Revised General Ordinances and shall be payable in advance.
[Ord. #11-82, § 8; Ord. #04-08, § 1]
No more than one hundred fifty (150) licenses shall be issued for Catamaran type sailboats during any year. No more than twenty-five (25) licenses shall be issued during any year for single-hulled type sailboats. The City Council may, by resolution, alter or amend this number either upward or downward.
[Ord. #11-82, § 9; Ord. #07-39, § 1]
The Fire Chief or his designee shall designate how, where, and on which beaches, catamaran type sailboats may be stored, launched and operated during the period of May to November of any year. Dolly wheels shall not be stored at the water's edge or at the center of the beach. They may only be stored at the rear of the beach. Trailers shall not be permitted on the beaches or stored at street's end. No sailboats, dolly wheels or trailers shall be stored upon or in any way damage, destroy, or interfere with any sand dune on any beach where sailboats are permitted to be stored or launched.
[Ord. #11-82, § 10; Ord. #07-39, § 1]
No storage of single hull vessels or associated trailers or other equipment shall be permitted on the beaches. The Fire Chief or his designee will designate where and on which beaches single hull sailboats may be launched and operated during the period of May to November of any year. No single hull vessels or associated trailers or other equipment shall in any way damage, destroy or interfere with any sand dune on any beach where sailboats are permitted to be launched.
[Ord. #11-82, § 11; Ord. #07-39, § 1]
Any portion of any beach chosen by the Fire Chief or his designee, for launching sailboats shall be used exclusively for that purpose. No bathers shall be permitted to swim, play, or sunbathe and no surf fishing will be allowed on the beach and in the surf area chosen for sailboat launching.
[Ord. #11-82, § 12; Ord. #07-39, § 1]
a. 
Violation of any provision of this section shall be liable to the penalty stated in Chapter 1, Section 1-6.
b. 
Suspension or Revocation of License.
1. 
Upon issuance of a summons alleging that a sailboat was permitted to be operated by someone other than a licensed sailboat operator or in an inappropriate or unsafe manner under this section the operator and owner may be required to show cause before the City Administrator why the owner's license should not be suspended or revoked.
2. 
Upon the issuance of the summons alleging the violation of any portion of this section the operator or owner may be required to show cause before the City Administrator why their respective licenses should not be suspended or revoked.
3. 
A hearing before the City Administrator to determine whether a licensee's privilege under this section should be suspended or revoked shall only be conducted after the licensee has been given seven (7) days written notice of the time and place of hearing. The notice shall further contain specifications of the alleged violation and shall advise the licensee of the time of the hearing and that he may be represented by counsel and produce such witnesses and evidence in his own defense as he may deem appropriate subject to the Rules governing hearings before administrative agencies.
c. 
Upon determination by the City Administrator that violation of this section has occurred, he may:
1. 
Issue a warning to the licensee which warning shall remain a permanent part of the licensee's file.
2. 
Suspend the licensee's permission to operate or permit his sailboat to be operated on a beach or surf in the City of Ocean City for one or more days.
3. 
Revoke the licensee's license to operate or permit or allow his sailboat to be operated on the beach or surf of the City of Ocean City.
d. 
A determination by the City Administrator that a licensee has violated one or more of the conditions of licensure shall be communicated to the licensee in writing.
[Ord. #912, § 2]
The words "solicitor" and "canvasser" as used in this section shall include but not be limited to any person, whether a resident of the City or not, traveling by foot, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries, or exhibits a sample of the subject of sale or whether or not he is collecting advance payments on sales; provided that this definition shall include any person who, for himself or for another person, hires, leases, uses or occupies any structure, shop or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
[Ord. #1144, § 1; Ord. #93-27, § 1]
Prior to the issuance of a written permit from the Mayor or in his absence from the Chief Executive Officer as provided by law, the applicant for a license under this section shall file with the City Clerk a sworn application in writing, in duplicate, on a form to be furnished by the Clerk or upon a form which may be utilized for that purpose the following information:
a. 
Name and description of the applicant;
b. 
Permanent home address and full local address of the applicant, if any, and place or places of residence for the last three (3) preceding years;
c. 
A brief description of the nature of the purpose for which it is sought to solicit funds and the manner in which such funds shall be solicited;
d. 
If employed, the full name and address of the employer and statement as to whether the employer is an individual partnership or corporation together with credentials establishing the exact relationship of the applicant with the employer;
e. 
The length of time for which the permit to solicit is desired which permit shall not extend beyond the end of the calendar year for which the license is issued;
f. 
The place or places where the applicant proposes to solicit funds;
g. 
A photograph in duplicate of the applicant taken within sixty (60) days immediately prior to the date of filing of the application which picture shall be two and one-half (2 1/2") inches by two and one-half (2 1/2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
h. 
The names of at least two (2) citizens of the County who will certify as the applicant's good character and responsibility or in lieu thereof, other available evidence as to the good character and responsibility of the applicant so as to enable an investigator to properly evaluate his character and responsibility.
i. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance including the nature of the offense and the punishment or penalty assessed therefor.
[Ord. #1144, § 2]
At the time of the filing of the application, a fee of twenty-five ($25.00) dollars shall be paid to the City Clerk to cover the cost of investigating the facts stated therein.
[Ord. #1144, § 3]
a. 
Upon receipt of the application, the original shall be referred to the Chief of Police who shall cause an investigation to be made of the applicant's moral character to determine whether the applicant has been convicted of a crime involving moral turpitude or has been involved in fraudulent acts or conduct or other acts as would make the issuance of such a permit detrimental to the public health, safety and welfare of the citizens of Ocean City.
b. 
If as a result of the investigation, the applicant's character or responsibility is found to be unsatisfactory, the Chief of Police shall endorse on the application his disapproval and his reason for the same and shall return the application to the Clerk who shall in turn notify the Mayor or Chief Executive Officer who shall take such facts into account in determining whether to issue or not to issue the permit.
c. 
If as a result of the investigation, it is determined to issue the permit, a license shall issue containing the signature of the issuing officer and shall show the name and address of the licensee. To the permit shall be attached a photograph of the permittee signed by the issuing officer or his designee or the City Clerk or designee in such a manner that part of the signature covers part of the photograph, the remaining portion appearing on the permit. The permit shall state the purpose for which solicitations may be made, the date of issuance of the permit, the length of time it shall be operative. The City Clerk shall keep a permanent record of all permits issued.
d. 
The permit in question shall be exhibited upon request to any and all Police Officers of the City of Ocean City or other person requesting to inspect same.
e. 
Permits are not transferable.
[Ord. #1144, § 4]
A permit issued under the provisions of this section may be revoked by the City Council after notice and hearing for any of the following causes:
a. 
Fraud, misrepresentation or false statement contained in the application for license;
b. 
Fraud, misrepresentation or false statement made in the course of carrying on solicitations;
c. 
Any violation of this section;
d. 
Conviction of any crime or misdemeanor involving moral turpitude;
e. 
Conducting solicitations in an unlawful manner or so as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public;
f. 
The permit shall be suspended pending the outcome of the hearing for revocation;
g. 
Notice of the hearing for revocation of a permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing and that the permit is suspended pending the outcome of the hearing. The notice shall be mailed postage prepaid to the permittee at his last known address at least five (5) days prior to the date set for the hearing. The address given in the application for permit shall be prima facie evidence of the last known address.
[Ord. #912, § 11; Ord. #93-27, § 2]
a. 
No person shall exercise the privilege granted by a license hereunder before 9:00 a.m., after 9:00 p.m., or on Sunday.
b. 
No person shall visit or call at any private residence for the purpose of engaging in any business covered by this section when barred by the resident by a sign to that effect.
[1]
See also Chapter 4, Section 4-24, concerning Soliciting Prohibited on Sunday.
[Ord. #1144, § 5]
The Mayor or permit issuing officer may impose reasonable restrictions as to the time, place and manner of exercising the right to solicit given by the permit so as to take into account proper protection of the public safety, morals and welfare. In making such a determination the following factors shall be taken into account:
a. 
The need to protect the public from breaches of the peace which may be caused by or arise out of the solicitation or attempts at solicitation;
b. 
The need to maintain orderly control of any crowds or gatherings which may arise;
c. 
The need to prevent blockage of traffic, either pedestrian or vehicular, on either the roadways, sidewalks, boardwalks or other public places;
d. 
The need to regulate the hours of solicitation so as not to unreasonably disturb or interfere with the rest or repose or peace of the inhabitants of the City of Ocean City;
e. 
Consideration shall be given to the availability of police and other public safety forces to provide for the protection of the public or others who may be affected by the solicitation in question;
f. 
Consideration shall be given to such other factors as may also bear upon the public health, safety, morals and welfare of the public within the City of Ocean City.
[Ord. #912, § 8]
It shall be the duty of each police officer of the City to require any person seen soliciting or canvassing, and who is not known by the officer to be duly licensed, to produce his license and to enforce the provisions of this section against any person found to be violating the same.
[Ord. #912, § 9]
The Chief of Police shall report to the City Clerk all convictions for violations of this section and the Clerk shall record the reports of violations on his record of the license.
[Ord. #912, § 6]
The City Clerk shall issue a badge to each licensee with his license, which shall contain the words "Licensed Solicitor," "Ocean City" and the year of current issue. This badge shall, during the time the licensee is engaged in soliciting, be worn constantly on the front of his outer garment in such a way as to be conspicuous. The Clerk shall collect one ($1.00) dollar for each badge, which shall be refunded upon the return of the badge.
[Ord. #912, § 7]
Licensees are required to exhibit their licenses at the request of any citizen with whom they seek to do business. Licenses are not transferable.
[Ord. #912, § 12]
a. 
The agent or other representative of nonresidents who comes within the provisions of this section shall be personally responsible for the compliance of his principles and of the businesses he represents.
b. 
No license shall be required of any person for mere delivery in this City of any property purchased or acquired in good faith from any person at his regular place of business outside the City, where no intent by any person to evade the provisions of this section is shown to exist.
c. 
No license shall be required of any person exempted therefrom by New Jersey State Law, but such person shall first establish his exempt status to the satisfaction of the City Clerk and comply with the other regulatory provisions of this section.
d. 
No part of this section, except subsection 5-14.6 shall apply to any nonprofit organization, incorporated or unincorporated, nor to any member of any such organization, provided such organization gives at least one week's advance written notice to the Chief of Police of its intention to engage in the activities covered by this section, stating the date or dates of contemplated activities.
[Ord. #912, § 13]
All annual licenses issued under the provisions of this section shall expire on December 31 in the year issued. Other than annual licenses shall expire on the date specified in the license but not beyond December 31 of the year of issuance.
[Ord. #88-16, § 1; Ord. #89-15, § 1; Ord. #90-10, § 1]
The following definitions shall apply to this section:
HOTEL
Shall mean a building or group of buildings containing ten (10) rooms or more used or intended to be used for lodging of a transient clientele for compensation. At least seventy-five (75%) percent of the rooms of which have their principal entrance from an interior hallway common to more than two (2) rooms and in which common dining and recreation rooms, shops and service establishments may be provided as accessory uses.
MOTEL
Shall mean a group of permanent structural units wherein sleeping accommodations are provided to transient guests and which are occupied for a sleeping purpose.
VENDING MACHINE
Shall mean a coin operated device for the sale or vending of merchandise including but not limited to: cigarettes, ice, non-alcoholic beverages, any type of food or food product, gum, soda, and items or products used in the washing or drying of clothing.
NEWSPAPER BOX
Shall mean a coin operated or non-coin operated device for the sale, distribution, or vending of newspapers or magazines.
[Ord. #89-15, § 2; Ord. #90-10, § 2]
Vending machines, which are located outdoors shall only be permitted upon those properties which otherwise possess a validly issued mercantile license of the City of Ocean City. Upon properties possessing such mercantile license vending machines may be placed outside a dwelling unit or structure in the following manner:
a. 
Vending machines shall not be permitted in any residential zone district as identified in the Zoning Ordinance of the City of Ocean City (Ordinance 88-27 as amended).
b. 
Vending machines located in the R-MF or R-MB Zone of the Zoning Ordinance of the City of Ocean City (Ordinance 88-27 as amended) must be located within the building or structure licensed.
c. 
Vending machines located in any other zone, if placed outdoors, must be placed or located against the front wall, rear wall, or other wall facing a street of the building or structure. Vending machines in these zones shall not be permitted to be placed next to steps or open decks, and said vending machines shall not encroach upon any sidewalk, curb, street, alley, or right of way.
d. 
Notwithstanding the prohibitions in paragraphs a, b and c above, the following provisions shall also apply:
1. 
Hotels and motels located in any zone other than the HM (Hotel-Motel) and HM-1 (Hotel-Motel One Zone) as described in the Zoning Ordinance of the City of Ocean City (Ordinance 88-27 as amended) shall be permitted to have vending machine(s) located outside the building subject to the following conditions:
(a) 
The vending machine(s) must be located in the rear yard as defined in said Zoning Ordinance; against the rear wall of the building or structure; shall not encroach upon any sidewalk, curb, street, alley or right-of-way, and shall not encroach into the rear yard set back area as defined and set forth in the applicable provisions of said ordinance.
(b) 
The vending machine(s) shall not be lighted.
(c) 
The owner of the premises wishing to install one vending machine shall be required to obtain the consent of at least seventy-five (75%) percent of the property owners within one hundred (100') feet on either side of the vending machine. Further, if the vending machine is located adjacent to an alley, the owner shall be required to obtain the consent of at least seventy-five (75%) percent of the property owners within one hundred (100') feet along both sides of the alley in either direction of the vending machine. The consents shall be in writing and submitted to the Ocean City Clerk's Office. The consent shall be obtained each year as a condition of the issuance of a vending machine permit.
(d) 
The owner of the premises wishing to install two (2) or three (3) vending machines shall be required to obtain the consent of one hundred (100%) percent of the property owners within one hundred (100') feet on either side of the vending machine. Further, if the vending machine is located adjacent to an alley, the owner shall be required to obtain the consent of one hundred (100%) percent of the property owners within one hundred (100') feet along both sides of the alley in either direction of the vending machine(s). The consents shall be in writing and submitted to the Ocean City Clerk's Office. The consent shall be obtained each year as a condition of the issuance of a vending machine permit.
2. 
Restaurants, luncheonettes, coffee shops, luncheon stands, supermarkets, grocery stores and novelty stores located in the residential zone districts as described in the Zoning Ordinance of the City of Ocean City (Ordinance 88-27 as amended) shall be permitted to have vending machine(s) located outside the building subject to the following conditions:
(a) 
The vending machine(s) shall be located against a wall facing upon a street but shall not encroach upon any sidewalk, curb, street, alley or right of way.
(b) 
The vending machine(s) shall not be lighted.
(c) 
The owner of the premises wishing to install one (1) vending machine shall be required to obtain the consent of at least seventy-five (75%) percent of the property owners within one hundred (100') feet of the vending machine upon both sides of any street upon which it is located, and if the premises is located on a corner additionally obtain the consent of at least seventy-five (75%) percent of the property owners within one hundred (100') feet along the street forming right angles with the street upon which the vending machine is located. The consents shall be in writing and submitted to the Ocean City Clerk's Office. The consents shall be obtained each year as a condition of the issuance of a vending machine permit.
(d) 
The owner of the premises wishing to install two (2) or three (3) vending machine(s) shall be required to obtain the consent of one hundred (100%) percent of the property owners within one hundred (100') feet of the vending machine(s) upon both sides of any street upon which it is located, and if the premises is located on a corner additionally obtain the consent of one hundred (100%) percent of the property owners within one hundred (100') feet along the street forming right angles with the street upon which the vending machine is located. The consents shall be in writing and submitted to the Ocean City Clerk's Office. The consents shall be obtained each year as a condition of the issuance of a vending machine permit.
[Ord. #90-10, § 3; Ord. #93-19, § 1]
Any newspaper box which rests in whole or part upon any public right-of-way, or which projects into, over or on any public right-of-way, shall be located in accordance with the provisions of this section:
a. 
No newspaper box shall be used or maintained which projects into, onto or over any part of the roadway of any public street, boardwalk or ramps leading thereto, or which rests wholly or in part, upon, along or over any portion of the roadway of any public street.
b. 
No newspaper box shall be permitted to rest upon, in or over any public sidewalk, boardwalk or ramps leading thereto when the installation, use or maintenance:
1. 
Endangers the public safety of persons or property, or
2. 
Interferes with or impedes the flow of pedestrian or vehicular traffic; or
3. 
Interferes with the ingress or egress from any residence or place of business; or
4. 
Interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
c. 
No newspaper box shall be located within three (3') feet of any marked cross-walk.
d. 
No newspaper box shall be located within fifteen (15') feet of the curb return of any unmarked cross-walk.
e. 
No newspaper box shall be located within three (3') feet of any driveway.
f. 
No newspaper box shall be located within five (5') feet of any ramp leading to the boardwalk.
g. 
No newspaper box shall be located within five (5') feet of any fire hydrant, fire callbox, police callbox or other emergency facility.
h. 
No newspaper box shall be tied, chained or in any manner secured to any stop sign, traffic signal, traffic highway sign, speed limit sign or other property owned by the City of Ocean City.
i. 
No newspaper box shall be located upon, or within three (3') feet of any public area improved with lawn, flowers, shrubs, trees or other landscaping.
[Ord. #88-16, § 3; Ord. #89-15, § 3; Ord. #90-10, § 4]
Each vending machine and newspaper box shall have permanently and prominently affixed thereto a label, badge, decal or other similar item supplied by the City of Ocean City upon payment of the appropriate license fee. Said badge, label or decal shall remain permanently affixed to the machine for which it was issued and shall not be transferable between or among machines except within the same licensing year as the municipal clerk may permit.
[Ord. #93-19, § 2]
Each news rack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limitation, each newspaper box shall be serviced and maintained so that:
a. 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
b. 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
c. 
The clear plastic or glass parts thereof, if any, through which the publications are viewed are unbroken and reasonably free of cracks, dents, blemishes and dis-colorations;
d. 
The paper or cardboard parts or inserts thereof, if any, are reasonably free of tears, peeling or fading;
e. 
The structural parts thereof are not broken or unduly misshapen.
[Ord. #90-10, § 5; Ord. #93-19, § 3]
Any person who owns, leases, uses or maintains vending machines or newspaper boxes at more than one (1) property address shall provide a list to the Division of Revenue Collection advising of the locations of said vending machines or newspaper boxes. As to vending machines, the type of product being sold from the machine shall be identified. The list shall be supplied to the Division of Revenue Collection at the time of payment of a mercantile fees and as a condition to the issuance of a label set forth in subsection 5-15.4 above.
[Ord. #90-10, § 7; Ord. #93-19, § 4]
a. 
Any newspaper box maintained in the City of Ocean City which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergency situation by a public officer, firefighter, ambulance or medic may be summarily relocated by a public officer of the City of Ocean City to the nearest location not presenting said hazard. Any such relocation shall be re-ported as soon as practicable to the mercantile inspector who shall thereafter notify the registered owner of the newspaper box of the new location, as soon as possible. The owner may thereafter relocate the newspaper box to any location not presenting a hazard and which other-wise complies with the terms of this section.
b. 
Any newspaper box which is abandoned, or not in-tended for use, shall be immediately removed by the owner.
[Ord. #93-19, § 5]
a. 
If any newspaper box is determined to violate any of the provisions of this section, then a notice of violation shall be sent to the person designated to receive notices in the registration and licensing form.
b. 
The notice shall state the specific provisions of this section which have been violated and shall notify the owner that the box must either be removed or brought into compliance with the specified provisions of this Chapter within seven (7) calendar days. If the owner elects to cure the specified violation or violations with-in said time, the owner shall take all necessary curative actions prior to the expiration of said time.
c. 
Upon request, the official issuing the notice of such violation shall meet with the recipient of such notice to dis-cuss the basis of the determination that a violation exists and any proposed means of eliminating any violations. A request for such meeting shall not toll the time for correcting or eliminating any violation, unless the official is unavailable for a meeting at any reasonable time within three (3) business days following the receipt of a request. Following any such meeting, the official issuing the notice of violation may rescind the notice if he/she determines that there has been no violation. The official may also grant an ex-tension of up to one (1) week for the correction of any violation upon request and a showing of good cause.
[Ord. #90-10, § 7; Ord. #93-19, § 6]
Any person who violates any of the provisions of this section, after having been served with a notice of violation and having failed to correct or eliminate said violation or violations, shall be subject to a fine of not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars. Separate violations of this section, and violations by a different newspaper box, shall each constitute separate offenses.
[Ord. #88-44, § 1]
a. 
As a resort community, there are a number of businesses which are vacant and unoccupied in Ocean City during the non-seasonal winter months. There are also a large number of non-owner occupied commercial properties rented year round. These properties present particular problems to the City of Ocean City in fire protection, police protection, as well as general re-pair and maintenance, as the City is unaware from time to time of the identity and location of the owner and/or tenant of said property. It is determined to be in the best interest of Ocean City to have rental real estate registered so that owners and tenants may be immediately notified in the event of emergency, or for other conditions which require prompt notification to the owner or tenant.
b. 
The Mercantile License Ordinance[1] of Ocean City will require the owners of all residential real estate which is not occupied by the owner or an immediate family member to provide certain registration information similar to that required herein.
[1]
Editor's Note: See Section 5-2, "Mercantile License," contained within this chapter for the "Schedule of Rates and Certain Regulations for Mercantile License."
c. 
It is the purpose of this section to require non-residential rental real estate to register with Ocean City certain information as set forth herein.
[Ord. #88-44, § 2]
IMMEDIATE FAMILY MEMBER
Shall mean mother, father, grandmother, grandfather, son, daughter, brother, sister, aunt or uncle.
LEASED UNIT
Shall mean any portion of real property or improvement thereto, leased by the owner to a third party other than an immediate family member or a corporation in which said owner has a one hundred (100%) percent stock interest.
[Ord. #88-44, § 3; Ord. #92-15]
a. 
Except as otherwise provided, all owners of non-residential leased real estate shall be required to register their property with the City of Ocean City and pay an annual registration fee as established in Chapter 30, Schedule B. of these Revised General Ordinances.
The fees established herein, are separate and in addition to any fees established by any other ordinance of the City of Ocean City specifically including the Mercantile Ordinance of Ocean City.
b. 
All other owners of real estate may register their property with Ocean City through the payment of an annual fee of twenty-five ($25.00) dollars per lot as shown and determined on the Official Tax Map of the City of Ocean City.
[Ord. #88-44, § 4]
Registration permits issued pursuant to this section shall be effective from June 1 to May 31 of the following year. In addition to the fee set forth in subsection 5-16.3a above, there shall be a late fee of twenty-five ($25.00) dollars imposed upon any registration permit required in Section 3A not paid on or before June 1 of any year.
[Ord. #88-44, § 5]
Registration permits shall be issued by the City Clerk on forms provided by the City. The permittee shall provide all information required on the registration permit application, and additional documentation required by the City in connection therewith. Each permittee or occupant of a licensed premises shall provide reasonable inspection to appropriate officials of the City of Ocean City authorized to enforce the provisions of this section.
[Ord. #88-44, § 6]
All information supplied by applicants on the registration application or related forms and documents shall be confidential and shall not be released or divulged to any person except as may be required by appropriate officials of the City of Ocean City in discharge of their official duties.
[Ord. #88-44, § 7]
Any violation of this Ordinance shall be punishable by a fine not to exceed five hundred ($500.00) dollars and/or maximum imprisonment for a term not to exceed ninety (90) days.
[Ord. #95-05, § 1]
For the purposes of this section "special event" shall mean any exhibition, show, athletic contest, running race, bike-a-thon, block party, parade, entertainment or other similar event sponsored by an organized group having a similar or common purpose or goal, occurring on or proceeding along a public street, boardwalk, other public right-of-way, or public property with the City.
[Ord. #95-05, § 2]
An application for a permit to conduct a special event shall be made to the City of Ocean City in writing by the person, persons or organization sponsoring said event. Such application shall provide the following information:
a. 
The name, address and telephone number of the person requesting the permit.
b. 
The name, address and telephone number of the organization or group he or she is representing.
c. 
The name, address and telephone number of the person or persons who will act as chairman of the special event and be responsible for the conduct thereof.
d. 
The number of monitors or marshals to be provided and the method of identification badges, clothing or uniforms to be worn or used by the monitors.
e. 
The purpose of the event.
f. 
The estimated number of persons to participate in and attend the event.
g. 
The number and type of vehicles, if any, to participate.
h. 
The method of notifying participants of the terms, rules, regulations and conditions of the event.
i. 
The date and time of the event including any set-up or clean-up period.
j. 
The location where the event is to be held, including the specific assembly and dispersal locations and the specific route and the plans for assembly and dispersal of the participants.
k. 
Whether or not any music or other amplified sound will be provided including the location and types of all loud speakers and amplifying devices to be used.
l. 
If the purpose of the event includes fund raising for any charity or nonprofit purpose, the name and address of such charity or nonprofit purpose as well as a disclosure as to the percentage or amount of proceeds to be raised from the special event to be actually donated to the charity after costs are deducted.
m. 
Whether any admission or participation fee will be charged for the event and the amounts thereof.
n. 
The number and type of any vendors accepted for participation in the event including information regarding the method of application, identification, documentation and approval of such participants. A complete listing of vendors approved for participation in the event shall be provided to the City not less than ten (10) days prior to the event.
o. 
The attachment of any other required licenses or permits where appropriate.
p. 
The type, size, description, and location of any signs to be erected in connection with the event.
q. 
Any further information that officials of the City determine to be necessary to properly provide for traffic control, crowd control and protection of the general public health, safety and welfare.
[Ord. #95-05, § 3]
The application for a special event shall be reviewed by appropriate officials of the City of Ocean City for compliance with this section and other ordinances, community standards, scheduling conflicts, special services required, and any further information required. Upon full review of the application and the recommendations for approval or denial the Mayor shall be authorized to issue a permit for the special event if approved. Approval or denial of such permit shall be made within thirty (30) days of receipt of a complete application by the City. The permit may be approved with special conditions placed on the applicant if warranted. The permit is contingent on the possession of any other permits or licenses required by local or State laws and regulations.
[Ord. #95-05, § 4]
Applications for such special event permits should be made to the City of Ocean City not less than sixty (60) days in advance of the date on which said special event is sought to be held.
[Ord. #95-05, § 5]
Any signs erected in connection with a properly approved special event shall be removed within twenty-four (24) hours of the conclusion of the event.
[Ord. #95-05, § 6]
Any permit issued under this section may contain conditions reasonably calculated to reduce or minimize dangers to vehicular or pedestrian traffic and the public health, safety and welfare including but not limited to changes in the date, time, duration or number of participants or attendees as requested by the applicant. Further, for the purposes of public safety and welfare, the Director of Public Safety may require and order the temporary closing of streets and/or the temporary prohibition of parking along such streets during the event, and shall direct the posting of proper warning signs in connection with said event, as provided by law.
[Ord. #95-05, § 7]
The holder of a special events permit shall furnish proof of liability insurance coverage to the City at least ten (10) days prior to the event in the minimum amounts of five hundred thousand ($500,000.00) dollars for property damage and five hundred thousand ($500,000.00) dollars for personal injury. The insurance shall cover the entire period of the event including the set-up and clean-up periods. The City of Ocean City shall be named on the policy as additional insured.
The holder of a special events permit shall agree in writing to indemnify and hold harmless the City of Ocean City, its servants, agents and employees, for any and all claims caused by or arising out of the activity covered in such permit. The indemnification hereunder shall be the broadest possible permitted by the laws of the State of New Jersey. In the event of a claim, demand, presentation or suit against the City, the holder of the special event permit shall save and hold harmless the City, and shall at its expense, defend the City.
[Ord. #95-05, § 8]
A special event permit shall be valid for the applicant thereof only and shall not be transferable to any other individual, corporation, group or organization.
[Ord. #95-05, § 9]
If it is determined by the appropriate officials of the City of Ocean City that additional materials or personnel costs shall be required for the purpose of maintaining the general health, safety and welfare of attendees or participants in the special event, or the community in general, the City reserves the right to require reimbursement of such costs. If reimbursement is required, the holder of the permit shall deposit with the Director of Finance a sum of money to be determined by the City to be a reasonable estimate of the costs required. The Director of Financial Management will make the determination when said deposit is required. After the conduct of the special event the holder of the permit shall be required to pay the City any additional amount determined to be due in reimbursement of the City's costs within thirty (30) days. In the event that the sum of money so deposited in advance exceeds the funds needed, the City shall refund any excess deposit within thirty (30) days after the holding of said special event. Services and City personnel covered by this section shall include but not be limited to additional police, fire, rescue squad, public works and community service personnel.
[Ord. #95-05, § 10]
Any person, firm, corporation, partnership or other entity violating the provision of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars and/or imprisonment not to exceed thirty (30) days.
[Ord. #02-11, § 1]
It is the purpose of this section to permit the issuance of sidewalk cafe licenses and to create standards, rules and regulations for their issuance. It is believed that sidewalk cafes within Ocean City will advance legitimate public purposes including:
a. 
Encouraging and promoting sidewalk cafes as visual amenities to pedestrian activities.
b. 
Increase the attractiveness of street life to residents and visitors to Ocean City.
c. 
To preserve and enhance the character of neighborhoods throughout Ocean City.
[Ord. #02-11, § 1]
SIDEWALK CAFE
Is an area adjacent to a street level eating establishment, and is located within the sidewalk area of the public right-of-way. The cafe contains readily removable tables, chairs, temporary railings and planters, retractable awnings, umbrellas or other non-permanent enclosures. A sidewalk cafe may provide either waiter or waitress service or self-service.
[Ord. #02-11, § 1]
Sidewalk cafes shall be permitted in the CB, CB-1, DB, Off-Boardwalk and NB zone districts together with those areas in residential zone districts where a licensed restaurant presently exists.
[Ord. #02-11, § 1]
a. 
Sidewalk cafes shall be permitted only in conjunction with and adjacent to an existing restaurant. A sidewalk cafe may extend onto the sidewalk in front of an adjacent business with the written consent of the property owner and the first floor business tenant if separate from the property owner.
b. 
Fixtures. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way that less than six (6') feet of paved sidewalk remains for the exclusive use of pedestrians, nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.
c. 
Signage. No signs are permitted on the sidewalk cafe except that the name and type of establishment may appear on umbrellas or the valance of an awning.
d. 
Lighting. Adequate lighting shall be provided for the sidewalk cafe area to promote safe passage of pedestrians and cafe patrons. It is anticipated that adequate lighting can be accomplished by candles or battery operated lights placed on tables, umbrellas or displays in the sidewalk cafe. No additional lighting shall be placed upon an adjacent building advertising the existence or location of the sidewalk cafe.
e. 
Awnings and/or Umbrellas. Awnings and/or umbrellas may be used in conjunction with a sidewalk cafe. Awnings shall be adequately secured and retractable. At no point shall the height of the awning including the valance be less than seven (7') feet from the adjacent grade elevation and more than fifteen (15') feet in height.
f. 
Heaters. Portable propane heaters shall be allowed within the cafe area with permits as required by municipal and State fire codes.
g. 
Pedestrian Passageway. Each sidewalk cafe shall directly abut the restaurant so patrons and servers do not cross the flow of sidewalk pedestrian traffic. In no case can access be blocked to Fire Department connections or exits from the adjacent buildings.
h. 
Cafe Boundary. No portion of a sidewalk cafe, such as gates or any objects placed within a sidewalk cafe, shall swing or project beyond the designated exterior perimeter of the sidewalk cafe.
i. 
Planters and Landscaping. All planters must be able to be removed within a twenty-four (24) hour notice period. No solid walls will be permitted. Plants shall be properly maintained and stressed and dying plants shall be promptly replaced. Permanent landscaping shall be trees as called for as part of the standards of the Special Improvement District.
[Ord. #02-11, § 1]
The hours of operation of a sidewalk cafe shall be limited to the hours of operation of the associated restaurant. In no event shall hours of operation exceed 11:00 p.m. in residential, NB or NB-1 zones. In no event shall hours of operation exceed midnight in CB, CB-1, Off Boardwalk, or DB zones.
[Ord. #02-11, § 1]
a. 
Administration. An application for a sidewalk cafe shall be submitted concurrent with the adjoining business mercantile license to the Director of the Department of Community Development or his/her designee.
b. 
Requirements for Application. An application for a sidewalk cafe permit shall be accompanied by plans with dimensions indicating: the proposed use, materials and design; relationship of proposed sidewalk cafe to the curb, existing building and buildings on either side; existing and proposed public improvements; existing and proposed pedestrian traffic movement. These requirements may be set forth on a survey of the premises, which survey shall also be required.
Additionally the applicant shall be required to submit photographs of the proposed area together with adjoining building(s).
c. 
Insurance Requirements. No sidewalk cafe license shall be issued unless the licensee shall complete a mercantile license and meeting all requirements of that license. A copy of an insurance policy or certificate of insurance issued by a company duly authorized to transact business under the laws of New Jersey, providing for the payment of not less than five hundred thousand ($500,000.00) dollars to satisfy all claims for damages by reason of bodily injuries to or the death of any person as a direct or indirect suit resulting of the operation of the sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe and further providing for the payment of no less than five hundred thousand ($500,000.00) dollars to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
d. 
Indemnification Agreement. No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the City of Ocean City an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless, the City of Ocean City, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of, or which may arise out of this licensee's operation of such sidewalk cafe. Additionally, the applicant shall be required to name the City of Ocean City as an additional insured and present to the City a certificate of insurance with that notation.
e. 
Application Review. In reviewing the application and deciding whether to issue or refuse to issue a sidewalk cafe license, the following considerations shall be reviewed and analyzed:
1. 
The width of the sidewalk where the sidewalk cafe will be located.
2. 
The amount of pedestrian use on the sidewalk.
3. 
The impact of the cafe's location on potential pedestrian activity.
4. 
Assuring that the sidewalk cafe can operate and provide safe passage for pedestrians along the sidewalk.
5. 
That the proposed sidewalk cafe will comply with relevant regulations of Ocean City codes and regulations as well as applicable State regulations.
[Ord. #02-11, § 1]
The fee for a sidewalk cafe license shall be one hundred ($100.00) dollars per year.
[Ord. #02-11, § 1]
All licenses shall have a term of one (1) year and shall run concurrent with the mercantile license of the adjoining property.
[Ord. #02-11, § 1]
A sidewalk cafe license may be revoked at any time if the City determines that one (1) or more provisions of the license have been violated or that a change in the sidewalk, pedestrian uses of the sidewalk, or the operation of the sidewalk cafe endangers the public health and safety of the pedestrians using the sidewalk.
[Ord. #09-17, § 1]
Rental of Low Speed Vehicles shall be permitted but limited and controlled as provided in this section to protect the safety, health and wellbeing of all persons using the vehicles.
[Ord. #09-17, § 1]
LOW SPEED VEHICLE
Shall mean those vehicles defined and regulated as such under N.J.S.A. 39:1-1 et seq.
RENTAL
Shall include leasing, hiring out or otherwise providing in exchange for payment without the transfer of ownership.
[Ord. #09-17, § 1]
No person shall engage in the business of renting Low Speed Vehicles within the City of Ocean City without obtaining a mercantile license in accordance with Section 5-2. Any such mercantile license issued for the purpose of leasing low speed vehicles shall require the following conditions:
a. 
Any Low Speed Vehicle is permitted only on public roads where the posted speed is twenty-five (25) miles per hour or less. However, a Low Speed Vehicle may enter an intersection and cross any public road where the posted speed is thirty-five (35) miles per hour or less, provided that if the road is more than two (2) lanes or is divided, such crossings shall only occur at signalized intersections.
b. 
Any person operating the vehicle must be twenty-five (25) years of age or older.
c. 
Notice of paragraphs a and b must be provided as part of the rental agreement or otherwise provided to each customer.
d. 
Any person renting a vehicle must sign a document acknowledging that he or she has received training from the rental company on the safety features of the vehicle and the limitations placed upon operation of the vehicle under the terms of this ordinance and New Jersey Law, including requirements that seat belt, child restraint, turn signal and all other motor vehicle safety laws apply to Low Speed Vehicles.
e. 
Any Low Speed Vehicle available for rental must meet all Federal and New Jersey requirements, must be clearly marked as being a rental vehicle owned by the company to which the mercantile license was issued. Each vehicle must also be equipped with an effective roll bar, effective roll cage or a tip over frame, which is defined as an integrated steel tube frame roof and roof support system.