[HISTORY: Adopted by the City Council of the City of Pleasantville 6-7-1982 by Ord. No. 11-1982 as Ch. 87 of the 1982 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- NEW JERSEY PRIVATE CAMPGROUNDS CODE
- That certain printed code known as the "New Jersey Private Campgrounds Code (1964 Edition)," recommended by the State Department of Health and the State Department of Community Affairs.
- PRIVATE CAMPGROUNDS CODE OF THE CITY
- The Private Campgrounds Code of the city adopted as set forth in this chapter.
Pursuant to the provisions of P.L. 1946, c. 21, as amended by P.L. 1948, c. 276 (N.J.S.A. 40:49-5.1 et seq.), the whole of the New Jersey Private Campgrounds Code, save and except Section 7.4 thereof, which is deleted, is hereby adopted and is hereby incorporated in this chapter by reference and made a part hereof as though it had been set forth herein at length, a printed copy thereof having been annexed to the ordinance passed April 4, 1966, adopting said New Jersey Code.
Three copies of said New Jersey Private Campgrounds Code, so marked as to indicate the deletion of Section 7.4 thereof, have been placed on file in the office of the City Clerk and shall there remain on file for the use and examination of the public so long as this chapter shall remain in effect.
Said New Jersey Private Campgrounds Code as adopted in Subsection A hereof, together with the provisions of this chapter, are hereby established as a standard to be used in determining whether campground dwellings, as well as their facilities, located in the city are safe, sanitary and fit for human habitation and rental.
The Health Officer is hereby designated as the officer to exercise the powers prescribed by this chapter, including the New Jersey Private Campgrounds Code herein adopted, and to administer and enforce the provisions thereof. He shall serve in such capacity without any additional salary.
No person shall occupy as owner or occupant, or rent to another for occupancy, any camp dwelling or any facilities thereof for the purpose of living therein, which does not conform to the applicable provisions of this chapter, including the New Jersey Private Campgrounds Code herein adopted.
No private campground shall be constructed, operated or maintained unless a license has first been obtained therefor from the Health Officer and the license fee paid as prescribed by § 115-6 of this chapter.
The applicant for a license to construct, operate and maintain a private campground in conformity with the provisions of this chapter shall pay the following yearly fees to the Health Officer:
For a campground not exceeding in area one acre and not exceeding an average of 20 campsites, inclusive of service roads, toilet buildings and other buildings: $50.
For a campground not exceeding in area two acres and not exceeding an average of 40 campsites, inclusive of service roads, toilet buildings and other buildings: $75.
For a campground not exceeding in area three acres and not exceeding an average of 60 campsites, inclusive of service roads, toilet buildings and other buildings: $100.
The term of the license shall be one year, expiring May 31.
The sewer lines of all campgrounds, as required by the Health Officer of the city and as approved by him, shall be connected to and with the sanitary sewer system of the city.
Every campground, as defined by Section 2.1 of the New Jersey Private Campgrounds Code, shall be entirely enclosed with a suitable fence, approved by the Health Officer and the Mayor and Council.
The Health Officer is hereby authorized and directed to make inspections to determine the condition of camp dwellings, as well as their facilities located within the city, in order to safeguard the health and safety of the occupants of such camp dwellings and facilities and of the general public.
For the purpose of making such inspections, the Health Officer is hereby authorized to enter, examine and survey at all reasonable times all camp dwellings and the facilities thereof. The owner or occupant of every camp dwelling and the facilities thereof, or the person in charge thereof, shall give said Officer free access to such camp dwelling, as well as its facilities, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a camp dwelling shall give the owner thereof, or his agent or employee, access to any part of such camp dwelling and the facilities thereof at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
The Health Officer is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter nor in anywise alter, amend or supersede any of the provisions thereof. The Health Officer shall file in his office and in the office of the City Clerk a certified copy of all rules and regulations which he may adopt.
Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately, but, upon petition to the Health Officer, he shall be afforded a hearing as soon as possible.
After such hearing, depending upon the findings of the Health Officer as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, he shall continue such order in effect or modify it or revoke it.
If the Health Officer shall determine, after due inspection, that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation to the person or persons responsible therefor.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with the rules and regulations adopted pursuant thereto.
The notice required by § 115-13 of this chapter may be served upon the owner or his agent or the occupant, as the case may require, by any of the following methods:
Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the City Clerk as provided in § 115-16.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Health Officer, provided that such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served.
Upon receipt of such petition, the Health Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof.
The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Health Officer may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.
At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
After the hearing the Health Officer shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with. If he sustains or modifies the notice, his decision shall be deemed to be an order.
The proceedings at such hearing, including the findings and decision of the Health Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the City Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
The procedure set forth in Sections 17.1 and 17.2 of the New Jersey Private Campgrounds Code herein adopted shall be applicable in the case of a denial or suspension of a permit to construct, operate and maintain a private campground.
Any person aggrieved by any decision of the Health Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.