[HISTORY Adopted by the Board of Trustees
of the Village of Ocean Beach 10-14-1978 by L.L. No. 8-1978 as Article XVI of the
1951 Code of Ordinances. Amendments noted where applicable.]
This chapter shall be known as the "Village
of Ocean Beach Regulation of Freight Law."
It is hereby declared the policy of the Village
of Ocean Beach that:
A.
To ensure that municipal facilities are properly maintained
and that a fund is created for the proper maintenance and care of
all municipal docking facilities it is necessary to seek charges from
the consignees or other receivers of freight.
B.
The delivery of freight to municipal docking facilities
causes additional wear and tear on municipal docking facilities.
C.
The cost of repair and maintenance of municipal docking
facilities should be borne by those who utilize those facilities.
A.
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
is not directory.
B.
FREIGHT
PERSON
MUNICIPAL OR VILLAGE
As used in this chapter, the following terms shall
have the meanings indicated:
Any article or item, other than a living being and suitcases
or other personal items physically carried by such being, which shall
be transported by any means whatsoever and be landed upon any municipal
docking facility.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Incorporated Village of Ocean Beach.
[Amended 4-15-2000 by L.L. No. 2-2000]
The Village Board of Trustees shall establish
a schedule of charges for all freight which is landed, unloaded or
otherwise disembarked at any village facility. Such schedule of charges
may be amended and revised, as necessary, by resolution of the Board
of Trustees.
A.
The charges shall be reported and paid on the basis
of monthly reports filed no later than the 10th day of each month
succeeding the month in which the freight is landed, unloaded or otherwise
disembarked at a village facility.
[Amended 4-15-2000 by L.L. No. 2-2000]
B.
The report shall include the name and address of the
consignee, the address at which the subject material will be used
or delivered, an itemized listing and description of the subject matter,
computation of charges, the point of origin and such other information
as the Board may feel from time to time is relevant.
C.
The aforesaid report shall be filed and the charges
paid by the consignee or his or its agent and both the consignee and
his or its delivery agent shall be responsible for the filing of the
aforesaid report and the paying of charges.
[Amended 7-13-2019 by L.L. No. 03-2019]
Any person who shall knowingly, willfully or intentionally fail to pay any freight charge due or fail to provide any information required by the person designated by the Board pursuant to §§ 93-4 and 93-5 herein or make false statements to any person designated by the Board or to the Board shall be subject to all or any number of the following penalties: