[HISTORY: Adopted by the Board of Trustees of the Village of Ocean Beach: Art. I, 9-9-1978 by L.L. No. 5-1978 as Article II of the 1951 Code of Ordinances. Amendments noted where applicable.]
Article I Littering; Use Restrictions; Excavations
[Adopted 9-9-1978 by L.L No. 5-1978 as Article II of the 1951 Code of Ordinances]
It is hereby declared and found that litter carelessly deposited in the Village of Ocean Beach is the cause of civic disgrace; that litter is a health, fire and safety hazard; that an all out litter control campaign can result in substantial savings to taxpayers of the Village of Ocean Beach; and that litter is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safe-guarding the public health, safety and general welfare of the people of the Village of Ocean Beach.
For the purposes of this article, 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 not merely directory.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle as required and authorized in the Code of the Village of Ocean Beach.
- COMMERCIAL DISTRICT
- An area, for the purpose of this article, described and bounded as
follows: on the north by the most northerly point of land located in the Incorporated
Village of Ocean Beach and on the south by the southerly side of Bay Walk
and the easterly boundary being the easterly side of the intersection of Bay
Walk and Surfview Walk and the westerly boundary being the easterly side of
the southerly intersection Ocean Road and Bay Walk, except that the westerly
boundary along the bayfront boardwalk shall end at the westerly side of lot
036.002 of Block 02.00 and as defined by proper village-posted signage.[Added 4-10-1999 by L.L. No. 2-1999]
- All waste material, including rubbish, which tends to create a danger to public health, safety and welfare or creates unsightliness.
- OCEAN BEACH
- That portion of the public beach located adjacent to and/or abutting
the Atlantic Ocean from the extreme southerly point located within the Incorporated
Village of Ocean Beach to that point at the initial point of the intersection
of the beach with the base of the steps of any overpass over the dunes to
the ocean beach or, if there shall be no base of any steps located in that
area, to the location of the most southerly snow fence located at the base
of the dunes; however, in no event, regardless of the existence at any particular
time of any snow fence, shall the boundary line be deemed to be beyond or
upon the southernmost point of any dune and/or dunes located at the ocean
beach and as defined by proper village-posted signage.[Added 4-10-1999 by L.L. No. 2-1999]
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PROPERTY
- Any house, building or other structure designed or used, either wholly
or in part, for private residential purposes; any commercial or business property,
whether inhabited or open for business or temporarily uninhabited or closed
for business; and any vacant, unimproved lot or parcel of land, and shall
include any yard, grounds, walk, driveway, porch, steps or vestibule belonging
or appurtenant to such dwelling, house, building or other structure.[Amended 6-15-1991 by L.L. No. 2-1991]
- PUBLIC PROPERTY
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- The Incorporated Village of Ocean Beach.
No person shall dispose of litter in or upon public or private property within the village except in public receptacles or in authorized private receptacles for collection. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited upon any street, sidewalk or other public or private property.
Any person owning, occupying or in control of private property shall maintain the sidewalk and street in front thereof free of litter.
Authority to remove. In the event that the owner, occupant or person in control of such land shall fail to remove litter in the village, the village shall have the authority, as provided for herein, to enter onto such land and clean the same and to charge the cost or expense of such action against the owner and to establish a lien in the manner herein provided.
Village Board action. Any owner of real property in the village shall be required to remove the litter which exists upon his land when directed to do so by resolution of the Village Board.
Notice to be served. Whenever the Village Board shall adopt a resolution requiring the owners of land to remove litter which exists thereon, the Village Board shall specify the time within which such work shall be completed. Such notice shall set forth with reasonable certainty the location at which the condition exists and the manner in which the removal work shall be performed. The owners shall be given at least 10 days from the date of mailing of the notice during which the work shall be performed; and in any event, such notice shall grant a reasonable time giving due consideration to the amount of accumulation of rubbish or debris and the location thereof. Notice of the adoption of a resolution requiring the removal work shall be served upon the owners of the property at which the condition exists by certified mail, addressed to the last known address of said owner.
Failure to comply. Whenever a notice or notices referred to in Subsection C above has been served and the owner shall neglect or fail to comply with such notice within the time provided therein, the Village Board shall authorize the work to be done and shall provide for the cost thereof to be paid from the general Village funds as directed by resolution.
Manner of assessment of cost upon real property. In any case where it shall be necessary for the Village Board to have the work performed due to the failure of the owner to comply with the Village Board's resolution, the Village shall be reimbursed for the cost of the work performed, or the services rendered at its direction, by assessment or levy upon the lots or parcels of land where such work was performed or such services rendered. All costs actually incurred by the Village upon each lot or parcel and the charge therefor shall be assessed and collected in the same manner and in the same time as other ad valorem Village charges.
[Amended 5-18-2002 by L.L. No. 1-2002]
No person shall encumber, obstruct, improve, build upon or store goods/supplies upon any walk, road, lane, right-of-way, beach or public place in the Village of Ocean Beach, unless otherwise expressly authorized in writing by the Village of Ocean Beach.
No person shall in any way hinder, impede or delay free travel upon any walk, road, lane, right-of-way, beach or public place in the Village of Ocean Beach.
Any person who shall permit a handcart or wagon or bicycle or other vehicle to remain on a public walk or in a public place shall be guilty of disorderly conduct and punishable by a fine; and in addition thereto, such handcart, wagon, bicycle or other vehicle or any bicycle, tricycle, scooter, velocipede or like vehicle operated in violation of Chapter 56 of this Code may be taken into custody by the Village and impounded until redeemed by the payment to the Village of the sum of $25 by the owner thereof.
No person shall conduct any business within the Business District unless the same is confined to the interior of the building in which said business is conducted, nor shall any person exhibit, display or otherwise show any goods, wares or merchandise for sale, except within the interior of such building in the Business District. No goods, wares or merchandise shall be exhibited, displayed or shown outside the four walls of such building. The provision of this section shall not apply to the outside display or sale of newspapers published on a daily or weekly basis, provided that the display counter shall be flush to the building wall and shall not extend more than two feet from the building.
[Amended 4-21-1990 by L.L. No. 3-1990; 2-24-1993 by L.L. No. 1-1993; 4-10-1999 by L.L. No. 2-1999; 9-16-2000 by L.L. No. 9-2000]
No person shall possess, carry or transport in any manner air open container containing any amount of alcoholic beverage and/or alcohol, with the intent to drink same, upon any beach, park, walk, road or public place in the Village.
No person shall consume any food and/or drink any beverage on any beach, park, walk, road or other public place, except:
A person may drink water from a public water fountain in the Village; or
A person may drink water on the ocean or bay beach from a clear and transparent plastic water bottle; or
A person may consume food and/or drink a beverage, which does not contain any amount of alcohol, in the Commercial District. Within the Commercial District, any person consuming any beverage of any nature and/or possessing, carrying and/or transporting in any manner an open container containing any amount of beverage with intent to drink the beverage shall, by doing so, grant a license and/or his or her permission without revocation and without recourse to any police officer and/or any other authorized person, including, but not limited to, service attendants and/or peace officers, the right to view and/or seize and/or inspect, test and/or otherwise to retain and/or confiscate, without any requirement to return same, any such beverage and/or container. Beverages being consumed pursuant to this section shall only be carried in a container made of plastic or aluminum and/or constituting a plastic or paper container. Containers made of any type of glass and/or pottery are prohibited; or
Upon the written permission of the Board of Trustees and/or the Mayor.
No person shall have or hold a picnic or lunch-basket party on any walk, road, beach, park or other public place in the Village.
All commercial establishments selling food and/or beverages shall display signage at each exit door stating the content of this section with size of sign, lettering and wording as approved by the Administrator and/or the Mayor.
Editor's Note: This local law also provided that it shall expire 5-1-2000 unless renewed or extended by the Village Board after public hearing.
No person shall erect any sign or projection in, on or over the walks or roads, beaches or public places of the Village of Ocean Beach except with the permission of the Board of Trustees.
[Amended 3-24-1984 by L.L. No. 2-1984]
No person shall post, hang or attach in any way any handbill, notice or placard upon any walk or road, public post or wall of a public building in the Village of Ocean Beach, except with the permission of the Board of Trustees, or throw or drop the same upon any walk or road, beach or public place in said Village.
Where such matter consists of a commercial advertisement, it shall be presumed that the vendor of the specified product, service or entertainment is a person who placed such advertisement or caused it to be placed upon the property.
No person shall willfully tear or deface any notice, handbill or ordinance posted in the Village of Ocean Beach by the order of the Board of Trustees or by the order of any Village officer.
No person shall, without authority of the Board of Trustees, open or excavate the surface of the soil under the walks or roads or in the public places of the Village of Ocean Beach or remove any portion of the walks or roads in said Village or erect or cause to be erected any telephone, telegraph or electric light or electric transmission pole or change the location thereof or string any wires in, over, under or upon any of the walks or roads, beaches or public places or construct any conduits in said Village or lay pipes therein.
[Amended 5-18-2002 by L.L. No. 1-2002]
The violation of any provision of this article shall be an offense against the article, which shall be punishable by a fine of no less than $25 and not to exceed $500 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Each and every day such violation continues shall constitute a separate offense, and the penalties prescribed above shall be applicable to each such separate offense, except that no further penalties shall be imposed for the period during which any appeal from a conviction of such offense is pending.