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]
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.
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.
COIN-OPERATED AND NON-COIN-OPERATED AMUSEMENT MACHINES OR DEVICES
ARCADE
AMUSEMENT DECK
Definitions. As used in this section.
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.
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.
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:
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.
Shall mean a local system that generates an audible sound
beyond the business premises or residential unit or dwelling.
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.
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.
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.
[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.
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.
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]
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.
[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:
Shall mean any horse, mare, gelding, filly or colt.
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:
[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:
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.
Shall be defined in accordance with N.J.S.A. 39:1-1 et seq.
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.
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.
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]
[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.
[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:
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.
Shall mean to navigate or possess or otherwise use a sailboat.
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.
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]
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.
[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:
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.
Shall mean a group of permanent structural units wherein
sleeping accommodations are provided to transient guests and which
are occupied for a sleeping purpose.
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.
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.
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]
Shall mean mother, father, grandmother, grandfather, son,
daughter, brother, sister, aunt or uncle.
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:
[Ord. #02-11, § 1]
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]
Shall mean those vehicles defined and regulated as such under
N.J.S.A. 39:1-1 et seq.
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.
